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HomeMy WebLinkAboutcoa.lu.ec.620 N Third St 329 Lake Ave Lot Line.0038.2008THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS IaW_1kq Ikq 1A:7 CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0038.2008.ASLU 2735- 121 -08 -003 & 2735 - 124 -02 -001 620 N. THIRD ST & 329 LAKE AVE LOT LINE ERRIN EVANS LOT LINE AJUSTMENT E.A. ALTEMUS PARTNERSHIP. LLLP 10/3/2008 CLOSED BY Angela Scorey on 03/05/2009 w NOTICE OF APPROVAL For A Lot Line Adjustment Parcel ID No. 2735- 121 -08 -003 - 2735- 124 -02 -001 APPLICANT: E.A. Altemus Partnership. LLLP and Sheldon and Marianne S. Lubar REPRESENTATIVE: John Case, Esq. and Chris Bryan, Esq. SUBJECT OF 620 N. Third Street and 329 Lake Avenue Lot Line AMMENDMENT: Adjustment SUMMARY: On behalf of the owners of the two subject properties, John Case and Chris Bryan have applied for a lot line adjustment to resolve a dispute over the location of the lot boundary. Originally when the lots in the west end were first created in the 1800's, they were mapped on paper. Later in the 1900's when surveyors starting working on the properties they that found that many of the property lines were off a few feet when measured on the ground. When the applicant's surveyor attempted to correct the discrepancy, the result was an overlap of the Altemus property and the Lubar property. The applicant would like to remedy the situation by dividing the difference between the two lots and allocating one foot on each side of the overlap to each property. The applicant proposes to keep the line straight but it will be rotated slightly north at the west end of the property boundary so that the existing structures will not be located in the minimum side yard setback area. STAFF EVALUATION: A Subdivision Exemption for a Lot Line Adjustment may be approved, approved with conditions, or denied by the Community Development Director pursuant to Land Use Code Section 26.480.040(A), Lot Line Adjustment. This adjustment will have an impact on floor area calculations. 329 Lake Avenue will have a reduced lot area of 166.52 square feet which will result in a lower amount of allowable floor area by 100 square feet. The property located at 620 N Third Street will not be permitted to use the increase in lot area towards floor area. Staff supports the proposed amendment because it is minor in nature and does not affect the dimensional requirements of the R -6 zone district. By rotating the new lot line, the existing structures will not encroach on the side yard setback. Staff finds that the proposed amendment meets the criteria for a lot line adjustment for Section 26.480.030 of the City of Aspen Land Use Code. r^ � REVIEW CRITERIA: The lot line adjustment between contiguous lots must meet all of the following conditions: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and This application is an insubstantial boundary change between adjacent parcels. Staff finds this criterion to be met. b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and All landowners have provided written consent to this application. Staff finds this criterion to be met. c. The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and All dimensional requirements of the R -6 zone district in the land use code have been complied with in this application. The side yard setback is marginal but meets the S feet minimum requirement between the principal structure and the lot line. The Historic Preservation staff indicated that this change will alter the historic lot line pattern in this area. Staff finds this criterion to be met. d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Allowable floor area will remain the same. No development rights will change as a result of the lot line adjustment. Stafff:nds this criterion to be met. DECISION: The Community Development Director finds the application is consistent with the review criteria for a Lot Line Adjustment Land Use Code Section 26.480.030 and Common Development Review Procedures Section 26.304 and thereby, APPROVES the amendment as specified below. The approved amendment to Lot 9 and parts of Lot 10 and 12 and the NW portion of Lot 10 of Hallam's Addition allows for an amended plat to be recorded at the Pitkin County Clerk and Recorder Office. Appropriate signatures, including the 2 Director of Community Development and the City Engineer, are required. The Applicant shall prepare and record a lot line adjustment plat with the Pitkin County Clerk and Recorder that meets the City of Aspen's land use code plat requirements within 180 days of this approval. APPROVED BY: s P n Von=77::� Community Development Director "..i 1. �Ciri r \'1 -ti Janice K. Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970) 429 -2707 www.PitkinClerk.orQ Page 1 of 1 I �II�II VIII VIII VIII VIII IIII IIII Print Date: Pitkin County Transaction #: 12020 10/8/2008 11:41:13 Receipt #: 200806115 AM Cashier Date: 10/8/2008 11:41:10 AM (JHAAS) Customer Information Transaction Information Payment Summary DateReceived: 10/08/2008 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Over the Counter Total Fees $21.00 ATTN CITY CLERK Return Code: Over the Total Payments $21.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments 15 / P= CHECK 111 $21.00 1 Recorded Items BKPG : 88/67 Reception: 553445 Date:10 1812008 A (PLAT) PLAT 11:41:10AM From: To: Plat Recording @ $10 per page $1 Surcharge 1 2 $21.00 10 Search Items 0 Miscellaneous Items file: / /C:\Program Files \RecordingModule \default.htm 10/8/2008 p Kc! 4F-s 2-35 i24a2o0 Fib Fdi[ Record Navigate Fqnm Reports Format Tab Ijelp J W F< 10 Al `g ® �' IJ J 'rl ❑ A A lump eT Man Custwn Fjelds I Attachments FoFowUp NoNicatiori I Fees I Conditions I Actions I Fee Summary I Parcel I Sub Permits I Routing History Routing Status I Valuation Permit Type _j Aspen Aspen Land Use Perri # y Address 620 N THIRD ST J Apt /Suite City ASPEN Stisos CO Zip 81611 J Masror Per(AF —J Routing Queue as1.07 Applied 08!22!2008 Project I J Status pendn9 Apwoved rJ Description LOT UNE ADJUSTMENT 620 N THIRD ST1329 LAKE AVE Issued F—__j F.rd F— J Subuited ICHRIS 925- 1936,JOHN 9258394 Clock Running Days Expires 0871712009 J Owner_._ Last Name ALTEMS E A PARTNERSHIF 2 F.i Name �— 620N 3RD ST ASPEN CO81611 Phone 1970 9253996 r Ow.wlsApplicant? Applicasst Last Name ALTEMUS E A PARTNERSHIP Fist Neme 620 N 3RD ST —� ASPEN CO 81611 Phone, (970)9253996 Lust# 25988 Last Na First Nam F —� Phone .F- �— Lt __ -- Asper ."bl Rec vec�,, �2 24oP� b 0 ° ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: CAA Oemus P.4,mfik(p LLLP twwi Shddon2. mial P- r#,LnKt S. Lkb..r st Location: (fin ri s i3MG ✓i d e,-fs c r 3l (Indicate street address, lot & block number, legal description where appro riate) Parcel ID # (REQUIRED) 2 ?3S12I08003 ...d 2'43S12tt02.00 REPRESENTATIVE: Name: �p\n✓i C0.&¢ Ems• C�riS "&n4ael. F78cl. Address: V;Lb HoL, ir,;n V c'..� 'YJ1 r. C Ol . i'i wK.✓1 /JO°•• Cif Phone #: PROJECT: Name: $IgL.TER/ LUS4i2 LoT I-tAjF q;DJ(A57A4ENT Address: C20 N. 3r°t Sf. / 324 Lakt Ave_ i Aspetu, Cot 9160 Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: descrri' lion of exissttin buildin s, uses, previous approvals, etc.)/ S¢e 'Li _%t ✓1 cXO�U�10 IbVl p� '�F�pns,u i S�l7 )lC 'ROPOSAL: (description of proposed buildings, uses, modifications, etc.)1 s -� �r�T'F+'t cSC.n �'+'ta✓l ®'� t'rC�AcT�a I � S u b� I�1'.' ate H / avy you attached the following? FEES DUE: $ 0 2. Vlk gyre-Application Conference Summary L'Attachment #l, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment 44, Submittal Requirements- Including Written Responses to Review Standards All plans that arc larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. PLANNER: PROJECT: REPRESENTATIVE: CITY OF ASPEN PRE - APPLICATION Chris Bendon, 429 -2765 Salter / Lubar Lot Line Adjustment Chris Bryan — 920.5808 John Case — 925 -9384 SUMMARY DATE: 04.15.2008 DESCRIPTION: The applicants would like to amend the common lot line between their two properties to reflect an agreement regarding the boundary. There is a strip of land approximately 2 feet wide that is claimed by both property owners. A fence installed based on a prior survey (old survey from the 50s or 60s) disagrees with a more current survey. The purpose of the lot line adjustment is to resolve this dual -claim issue and survey error by altering the lot line. The property owners have come to an agreement. Staff considers this adjustment to be an insubstantial boundary adjustment with no noticeable effect upon the development rights of either property. The proposed lot line will need to accommodate the five foot setback requirement of the Lubar residence in order to maintain this as a conforming structure. This can be accommodated by slightly altering the proposed boundary line. Staff prefers straight property lines and the new boundary does not need to be parallel to other lot lines. Applicant should submit 2 copies of a draft plat for review. After comments are provided, the applicant will need to provide two mylar copies with the appropriate ownership signatures for recording. Recording fees will be requested by the City Clerk once the plat is ready to be filed with the County Clerk. Any reference documents, agreements, etc. can be filed at the same time as the plat. Relevant Land Use Code Section(s): 26.306 General Review Procedures 26.480.030.A.1 Lot Line Adjustment Review by: Community Development Director, City Engineer Referral Agencies: City Engineer. Planning Fees: Flat Fee - $590 Referral Agency Fees: Engineering minor - $212 Total Deposit: $802 (flat fees, no additional billing) To app , submit the following information: Proof of ownership (both properties) with payment. CVSyi ned fee agreement. i- pplicant's name, address and telephone number in a letter signed by the applicants which states the name, ,address and telephone number of the representatives authorized to act on behalf of the applicant. &' Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Vial deposit for review of the application. CY2 Copies of the complete application packet and maps. C =12; PZ =10; GMC = PZ +S; CC = 7; Referral Agencies = 1 /ea.; Planning Staff =1 Draft Lot Line Adjustment plat showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Please show existing structures and improvements. Please show setback dimensions of Lubar structure to confirm minimum setback compliance. .-p [Sr A written description of the proposal and an explanation in written form of how the proposed development complies with the review standards (refer to criteria in Sect 26.480.030. A.1). Please include existing conditions as well as proposed. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. PROPOSAL DESCRIPTION AND COMPLIANCE EXPLANATION Re: Salter/Lubar Lot Line Adiustment Land Use Annlication Owner: E.A. Altemus Partnership, LLLP Parcel No. 273512108003 Address: 620 North 3rd Street, Aspen, Colorado, 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 6 — LOT: 8, DESC: ONLY THE SOUTH 3.2' OF LOT 6 Representative: John H. Case, Esq. AND Owner: Lubar, Sheldon B. & Marianne S. Parcel No. 273512402001 Address: 610 North 3rd Street, Aspen, Colorado, 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 9 — LOT: 12, DESC: ONLY PT OF LOTS 10, 11, 12 Representative: Christopher D. Bryan, Esq. An existing fence installed between two properties is based on an old survey from the mid -1900s that differs from a more current survey. The discrepancy in the surveys produces a strip of land approximately two feet (2') wide between the properties that both applicants for this lot line adjustment have claimed. The applicants have reached an agreement on a new lot line and have provided written consent to this application (see attached letter with authorizing signatures). They would like to amend the common lot line between their two properties as indicated on the enclosed draft plat (see draft plat). The purpose of the lot line adjustment is to resolve this survey error by altering the lot line in an equitable fashion. This adjustment would settle any and all claims by and between the parties currently pending in Pitkin County District Court Case No. 07 CV 133. This adjustment is an insubstantial boundary adjustment with no noticeable effect upon the development rights on either property, as determined by staff (see Pre - Application Conference Summary). The proposed lot line will accommodate the five -foot (5') setback requirement of the Lubar residence in order to maintain this as a conforming structure in Zone District R -6 per Title 26 of the City of Aspen Municipal Code (see draft plat). Both properties will conform to the requirements of Title 26 and meet the standards of Chapter 26.480. This lot line adjustment will not affect development rights of the applicants (including any increase in FAR or permitted density of the affected lots) by providing the opportunity to create a new lot for resale or development. A plat note has been added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. 310544_3 PROPOSAL DESCRIPTION AND COMPLIANCE EXPLANATION Re: Salter/Lubar Lot Line Adiustment Land Use Application Owner: E.A. Altemus Partnership, LLLP Parcel No. 273512108003 Address: 620 North 3rd Street, Aspen, Colorado, 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 6 — LOT: 8, DESC: ONLY THE SOUTH 3.2' OF LOT 6 Representative: John H. Case, Esq. AND Owner: Lubar, Sheldon B. & Marianne S. Parcel No. 273512402001 Address: 610 North 3rd Street, Aspen, Colorado, 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 9 - LOT: 12, DESC: ONLY PT OF LOTS 10, 11, 12 Representative: Christopher D. Bryan, Esq. An existing fence installed between two properties is based on an old survey from the mid -1900s that differs from a more current survey. The discrepancy in the surveys produces a strip of land approximately two feet (2') wide between the properties that both applicants for this lot line adjustment have claimed. The applicants have reached an agreement on a new lot line and have provided written consent to this application (see attached letter with authorizing signatures). They would like to amend the common lot line between their two properties as indicated on the enclosed draft plat (see draft plat). The purpose of the lot line adjustment is to resolve this survey error by altering the lot line in an equitable fashion. This adjustment would settle any and all claims by and between the parties currently pending in Pitkin County District Court Case No. 07 CV 133. This adjustment is an insubstantial boundary adjustment with no noticeable effect upon the development rights on either property, as determined by staff (see Pre - Application Conference Summary). The proposed lot line will accommodate the five -foot (5') setback requirement of the Lubar residence in order to maintain this as a conforming structure in Zone District R -6 per Title 26 of the City of Aspen Municipal Code (see draft plat). Both properties will conform to the requirements of Title 26 and meet the standards of Chapter 26.480. This lot line adjustment will not affect development rights of the applicants (including any increase in FAR or permitted density of the affected lots) by providing the opportunity to create a new lot for resale or development. A plat note has been added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. 310544_3 1 z -W s , $ @fie €sib :e I =� emu Jr law i nv »IV1 rve xa� I I - e� g ox'u a'�wai5°imau � e ^°4 y e4 133uI s OHIH1 m,� aim — - J mmm Clio m m STM ® 9 ,a it 0 og jo i� N oa xo m� In a i e 9AV AAV-1 13 3 H 1 S auiHl 5 10 20 30 40 50FT. SCALE: I"=10' BASIS OF BEARING: FOUND MONUMENTS AS SHOWN. UH�YOR(�AT THIS CERTIFICATE H R RTI •"Y A1'- THfa�Ap ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON ;J U IJd5 7-6,1 7enC, OF LOTS 7 & 8 AND THE SOUTHERLY 3.20 FEET OF LOT 6, BLOCK 102,HALLAM ADDITION, CITY OF ASPEN, COLORADO. THEONE STORY HOUSES WERE FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS- OF-WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. ALPINE SURVEYS by RECEIVED MAY 3 0 2001 ASPEN BUILDING DEPARTMENT §§PIN" §� |i) |\2() �() || I |!i §!(§ §() /. \� )� 22 0 � I� { ) ZQ )OZ \ ° a cm (( § \ i\ \\ ) � � O a m « � � r Z» mJ m m n 0 ®c |, / ) ° |,4 ) $ [ /) |2, @q ,` !`( \ §) ƒ 2� :,i :o /! ` ° » !2 /. \� )� 22 0 � I� { ) ZQ )OZ \ ° a cm (( § \ i\ \\ ) � � O a m « � � r Z» mJ m m n .. VICINITY MAP OF: SALTER /LUBAR LOT LINE ADJUSTMENT SITUATED IN A PORTION OF THE E1 /2 SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 VICINITY MAP SCALE: 1" = 2000' SOPRIS ENGINEERING - CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704 -0311 sop6s@wpdseng.wm 27231.01 0811412008 27231 PLAT.DWG Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT DIMENSIONAL REQUIREMENTS FORM :+ : ,14 lsZ% �y. Lu'oce : sy. +h am Ni nnus O.Ir13:t/- GC��S Lam -: I? a!:' S5. for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: % Site coverage: Existing: % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Required: Required: Existing: Required: Proposed: Proposed: Proposed: Existing: Required: Proposed. Existing: Required: Proposed: Existing. Required.• Proposed. Existing: Required.• Proposed: Side Setback: Existing: Required: Proposed:_ Combined Sides: Existing: Required: Proposed:_ Distance Between Existing Required: Proposed: Buildings Existing non - conformities or encroachments: 'nl ►mot v arc. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AMement for Payment of QW of AVen DeveloRM0t AAtroli arson Fees CITY OF ASPEN (hereinafter CITY) and ShOd-40" B A.wd Mote'd Kr. S L"P-r- (hereinafter APPLICANT) AGREE AS FOLLOWS: has submitted to CITY an application for (hereinafter, THE 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application � completeness, APPLICANT shall pay an initial deposit in the amount of $� which is fork W At, hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costa shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT /Q n-e-i /l _e,, r BY., By: 'rYP l;ca Chris Bendon O a Community Development Director Date: Billing Address and Telephone Number. Rthol � _� Coy (i4v-c . C:\Documents and Settings ohannahr\Desk ZeeAgree.doc N CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT « s CITY OF ASPEN (hereinafter CITY) and E.tl.{l•fle-mu5 - &4gisers%fpt LLL'P (hereinafter APPLICANT) AGREE AS FOLLOWS: submitted to CITY an application for (hereinafter, THE 2. APPLICANT understands and agree that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of applicationcampleteness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ancertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as tofu are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/ar City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees Chu in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application � completeness. APPLCANT shall pay an initial deposit in the amount of $41.L a which is for�{qfjg�, hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rare of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued ewu shall be grounds for susperiion of processing, and in no case will building permits be issued until all costs associated with can processing have been paid. CITY OF ASPEN APPLICANT �• ,v' A )to Vi PAc�PtefS Chris Bandon . ^��w�•'su•2W° Community Development Director Date: Billing Address and Telephone Number. Requved P0• / ;mw 'yia0 3 gas- 83 f C:\Dociaments and Settings\ johannahr \Duktop\LU17eeAgrec.duc C 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Ag<eement for P@yment of City of Aspen Develomnent Application Fees CITY OF ASPEN (hereinafter CITY) and Stit1111-1 B Ao d .srio� nn G S L�ia r (hereinafter APPLICANT) AGREE AS FOLLOWS: has submitted to CITY an application for (hereinafter, THE 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 04 1 � which is for (tfahours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing daze. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT /ql� By; By: Chris Bendon O a Community Development Director Date: Billing Address and Telephone Number. { o l (3Q � W/ C;\Documents and Settingsyohannahr\Desktop,\Lzee _ gree.doc N CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT �� i a �1'S7If7Ttf•Tl3St' CITY OF ASPEN (hereinafter CITY) and E A Af/e. 5 %aa d ers Ts LLL'P (hereinafter APPLICANI) AGREE AS FOLLOWS: submitted to CITY an atmlication for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee stricture for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size. nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the panics that APPLICANT make payment of an initial deposit and to thereafter permit additional rests to he billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon isodGcatlon by the CITY when they are necessary as costs are Incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application � completeness, APPLICANT shall pay an initial deposit in the amount of $,� °O which is forYANGI— hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all mats associated with case processing have been paid. f� CITY OF ASPEN APPLICANT �•-A Ie V4 PAOC FytQrS By gy. liGQ.� v~ r"•e7� V Chris Bendon Community Development Director Date: / BBBng Address and Telephone Number. 2 Kc nit )7,4. /;mw J�Q 3 gas -83yy C:\Documents and Sertings\johannahrlDe skmpV.UI'eeAgree.duc < §( * �� 2 k|) cr\\ z 22! ( <§ o i \ @ � I m � x�. w /�. Q/ g � k : @ a � � LU 6 , o rm 1p �2 . \ / §9\ rM o �o / LU Or o ■! 2 ¥( ! 3 « c!) W,- § % e Z. E!; M cc�§ . cc u!� U . I $ § §§ o ' , 0� 0 LL N September 1, 2008 Jennifer Phelan, Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms Phelan, As the representative for the EA Altemus Partnership, LLLP, I consent to the lot -line adjustment application submitted to the City of Aspen between 610 and 620 N Third Street, Aspen. I consent to have John H. Case as our representative in this matter. Regards, Claude Salter Claude Salter EA Altemus Partnership, LLLP 620 N Third Street Aspen, CO 81611 RECEIVED cGU n 2. 2008 CITY OF ASPEN rOMMUNITY DEVELOPMENT ASPEN OFFICE 601 East Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925 -1936 Facsimile (970) 925 -3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947 -1936 Facsimile (970) 947 -1937 C 10 GARFIELD &HECHT, P.C. ATTORNEYS AT LAW Since 1975 www. garfieldhecht. com August 28, 2008 VIA Hand Delivery Jennifer Phelan Community Development City of Aspen 130 South Galena Street, Third Floor Aspen, Colorado 81611 AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 Telephone (970) 949 -0707 Facsimile (970) 949 -1810 BASALT OFFICE River View Plaza 100 Elk Run Drive, Suite 220 Basalt, Colorado 81621 Telephone (970) 927 -1936 Facsimile (970) 927 -1939 CHRISTOPHER D. BRYAN ASPEN OFFICE cbryan @gar5eldhecht.com Re: Salter/Lubar Lot Line Adiustment Land Use Application Owner: E.A. Altemus Partnership, LLLP Parcel No. 273512108003 Address: 620 North 3rd Street, Aspen, Colorado 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 6 — LOT: 8, DESC: ONLY THE SOUTH 3.2' OF LOT 6 AND Owner: Lubar, Sheldon B. & Marianne S. Parcel No. 273512402001 Address: 610 North 3`d Street, Aspen, Colorado 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 9 — LOT: 12, DESC: ONLY PT OF LOTS 10,11,12 Dear Ms. Phelan: The E.A. Altemus Partnership, LLLP, owner of the real property known as 620 North 3`d Street, Aspen, Colorado 81611, and Sheldon B. and Marianne S. Lubar, owners of the real property known as 610 North 3`d Street, Aspen, Colorado 81611, seek to amend a survey error by adjusting the common lot line adjustment packet was submitted to Friday, August 22, 2008. lot line between the two prope�VED he Community Development nUu 2 8 2908 CITY OV�/ FnnLLAS�� (PEN TT C(]Nirv�B'n0[WdHbBYc1iJ�0aPcr GARFIELD & HECHT, P.C. 0 Jennifer Phelan, City of Aspen Community Development Department August 28, 2008 Page 2 of 3 I attach hereto a letter of consent confirming that Sheldon and Marianne Lubar are in fact my clients, and I represent them in the above- stated matter. In addition, I have attached hereto an executed copy of the July 31, 2008, letter that was included in the lot line adjustment application packet signed by each attorney confirming that the owners of both properties have agreed on a proposed new lot line. If you have any further questions or concerns, please do not hesitate to contact me. Thank you. Very truly yours, G IELD & HE hristopher . Bryan, Esq. 3216201 ® Printed on recycled paper C GARFIELD & HECHT, P.C. W Jennifer Phelan, City of Aspen Community Development Department August 28, 2008 Page 3 of 3 I, Sheldon Lubar, owner 610 North 3`d Street, Aspen, Colorado 81611, Parcel No. 273512402001, SUB: HALLAM ADDITION, BLK: 102, LOT: 9 — LOT: 12, DESC: ONLY PT OF LOTS 10, 11, 12 hereby authorize Christopher Bryan of Garfield & Hecht, P.C. to act as my representative in regard to the Salter / Lubar Lot Line Adjustment Land Use Application, and I consent to the application as submitted. Thank you. Lubar 321620_1 ® Printed on recycled paper ASPEN OFFICE 601 East Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925 -1936 Facsimile (970) 925 -3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947 -1936 Facsimile (970) 947 -1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 w .garfieldhechtwm July 31, 2008 Via Hand Delivery Chris Bendon Community Development Director City of Aspen 130 South Galena Street, Third Floor Aspen, Colorado 81611 AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 Telephone (970) 949 -0707 Facsimile (970) 949 -1810 BASALT OFFICE River View Plaza 100 Elk Run Drive, Suite 220 Basalt, Colorado 81621 Telephone (970) 927 -1936 Facsimile (970) 927 -1939 CHRISTOPHER D. BRYAN ASPEN OFFICE cbryan@garfieldhecht.com Re: Salter/Lubar Lot Line Adjustment Land Use Application Owner: E.A. Altemus Partnership, LLLP Parcel No. 273512108003 Address: 620 North 3rd Street, Aspen, Colorado 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 6 - LOT: 8, DESC: ONLY THE SOUTH 3.2' OF LOT 6 Am Owner: Lubar, Sheldon B. & Marianne S. Parcel No. 273512402001 Address: 610 North 3rd Street, Aspen, Colorado 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 9 - LOT: 12, DESC: ONLY PT OF LOTS 10, 11, 12 Dear Mr. Bendon: The E.A. Altemus Partnership, LLLP, owner of the real property known as 620 North 3rd Street, Aspen, Colorado 81611, and Sheldon B. and Marianne S. Lubar, owners of the real property known as 610 North 3rd Street, Aspen, Colorado 81611, seek to amend a survey error by adjusting the ® Printed on recycled paper GARFIELD &HECHT, PC. Chris Bendon, Director, City of Aspen Community Development Department July 31, 2008 Page 2 of 3 common lot line between the two properties. The owners of both properties have agreed on a proposed new lot line and have retained the following representatives to act on their behalf in regard to this application: 1. For the E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, Elizabeth Ann Altemus, Registered Agent, 620 N. 31d St., Aspen, Colorado, 81611, telephone (Elizabeth Altemus) (970) 704 -1683: John H. Case, Esq. Law Offices of John Case 1265 Mountain View Dr. Aspen, Colorado 81611 Telephone: (970) 925.8394 2. For Sheldon B. Lubar and Marianne S. Luber, 700 N. Water St., Sts. 1200, Milwaukee, Wisconsin, 53202, telephone (414) 298 -9001: Christopher D. Bryan, Esq. Garfield & Hecht, P.C. 601 East Hyman Ave. Aspen, Colorado 81611 Telephone: (970) 925 -1936 Anolicant Signatures Applicant: E.A. Altemus Partnepahip jLLLP, a Colorado Registered Limited Signed by: H. Case, Esq. ney for E.A. Altemus Partnership, LLLP, a Colorado Registered ad Liability Limited Partnership 310142 -3 ® 14in¢0 on reeyckA paper GARFIELD & HECHT, P.C. 0 Chris Bendon, Director, City of Aspen Community Development Department July 31, 2008 Page 2 of 3 common lot line between the two properties. The owners of both properties have agreed on a proposed new lot line and have retained the following representatives to act on their behalf in regard to this application: 1. For the E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, Elizabeth Ann Altemus, Registered Agent, 620 N. 3rd St., Aspen, Colorado, 81611, telephone (Elizabeth Altemus) (970) 704 -1683: John H. Case, Esq. Law Offices of John Case 1265 Mountain View Dr. Aspen, Colorado 81611 Telephone: (970) 925 -8394 2. For Sheldon B. Lubar and Marianne S. Lubar, 700 N. Water St., Ste. 1200, Milwaukee, Wisconsin, 53202, telephone (414) 298 -9001: Christopher D. Bryan, Esq. Garfield & Hecht, P.C. 601 East Hyman Ave. Aspen, Colorado 81611 Telephone: (970) 925 -1936 Applicant Signatures Applicant: E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership Signed by: John H. Case, Esq. Attorney for E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership 310142 -3 & Printed on recycled paper GARFIELD &HECHT, P.C. Chris Bendon, Director, City of Aspen Community Development Department July 31, 2008 Page 3 of 3 Applicant: Sbelljon and Signed by: CDB /mpk Christopher V) Bryan, Esq. U Attorney for Sheldon and Marianne Lubar Very truly yours, GARFIELD & HECHT, P.1 C risto--her V. Bryan, Esq 310142 -3 ® Printed on recycled paper MEMORANDUM OF OWNERSHIP- ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANj'EE IN THE LAST INSTRUMENT OF CONVEYANCE SHELDON B. LUBAR and MARIANNE S. LUBAR. LEGAL DESCRIPTION PARCEL A: All of Lot 9, and parts of Lots 11 and 12, Block 102, HALLAM'S ADDITION, more fully described as follows: Beginning at the Northwest Comer of Lot 9, Block 102, Hallam's Addition; thence East 115.00 feet; thence on a curve to the left, the chord of the curve bears South 3 °59'16" East 61.83 feet and the length of the are is 61.85 feet; thence North 87 °19'30" West 61.88 feet thence North 18.05 feet; thence North 75 °09'11" West 59.48 feet; thence North 25.50 feet to the point of beginning. PARCEL B: The Northwest portion of Lot 10, Block 102, HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, being more fully described as follows: Beginning at the Northwest corner of said Lot 10; thence South 75°09'11" East 29.65 feet along the northerly line of said Lot 10; thence West 28.66 feet to a point on the West line of said Lot 10; thence North 7.60 feet along the West line of said Lot 10 to the point of beginning. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF; INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: April 23, 2008 . PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: 2378 � ...r MEMORANDUM OF OWNERSHIP - ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO, BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE SHELDON B. LUBAR and MARIANNE S. LUBAR. LEGAL DESCRIPTION PARCEL A: All of Lot 9, and parts of Lots 11 and 12, Block 102, HALLAM'S ADDITION, more fully described as follows: Beginning at the Northwest Comer of Lot 9, Block 102, Hallam's Addition; thence East 115.00 feet; thence on a curve to the left, the chord of the curve bears South 3 059'16" East 61.83 feet and the length of the arc is 61.85 feet; thence North 87 019'30" West 61.68 feet thence North 18.05 feet; thence North 75 °09'11" West 59.48 feet; thence North 25.50 feet to the point of beginning. PARCEL B: The Northwest portion of Lot 10, Block 102, HALLAM'S'ADDITION TO THE CITY AND TOWNSITE OF ASPEN, being more fully described as follows: Beginning at the Northwest corner of said Lot 10; thence South 75 °09'11" East 29.65 feet along the northerly line of said Lot 10; thence West 28.66 feet to a point on the West line of sald Lot 10; thence North 7.60 feet along the West line of said Lot 10 to the point of beginning. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: April 23, 2008 PITKIN COUNTY TITLE, INC. BY: : 10tit Authorized Officer JOB NO: 2378 UPARCEL At mar. ;Vt All of Lot 9'and parts of Lots ll and 12, Block 102, BALLAN'S ADDI- TION. move fully described as follows: _ - Beginning at the Northwest Corner of;;Lot 9,. Block 102, Hallam's Additioa7 thence east 115.00 feet; thence on curve to the left, . the -chord of the curve. bears South 3 °59' -16• -Bast 61.83 feet and the length of the are is 61.85,feet; thence North. 87019'300 Week 61.88- ,feet; tbence North 1C. 05 feet, : thence North 75 °09'11• west - 59.a8.feet= thence. North 25.50 feet -to the point of beginning, as hereinbefore described. PAACBL B: The northwest portion of Lot 10, Block 102, HALLAM'S ADDITION TO THE CITY AND TONNSITS OF ASPEN, being more fully described as -fal -- I0lrNa ; Fain ng at the Northweat corner of said Lot 10; thence Nbuphr.75109111' east 29.65 foot along the northerly line of paid Lot 101 thence. Nest 28.66 feet to a ":point on the Nest line of said - Lot 301 thence. North 7.60 feet along the Nest line of.'said Lot 10'. to the point of beginning. as hereinbefore.. described.: All located In County of Pitkin, State of Colorado. y �I TITLE COMPANY OF THE ROCKIES, INC. 220 East Cody Lane Basalt, CO 81621 Phone: (970) 927 -9299 F. (970) 927 -8288 www.ddecomddes.com OWNERSHIP & ENCUMBRANCE REPORT & INVOICE Prepared John Case Date: April 25, 2008 for: Attn: John Case P.O. Box 4203 OrtleOrder. 0702471 -08E Aspen, CO 81612 Ref: Altemus Phone: 970- 925 -8394 Fax: 970- 920 -3395 Legal Description: All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado. Said lots are more fully described as follows: Beginning at the Southwest comer of said Lot 8, whence the Southwest comer of the SE114 of the NE114 of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears S 80 degrees 54'W 351.21 feet; thence North 73.2 feet along the West line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast comer of said comer of said Lot 8; thence West along the South line of said Lot 8 to the point of beginning. County of Pilkin, Stale of Colorado. Property Address: 620 North 3rd Street, Aspen, CO 81611 County: Pilkin, Colorado Schedule/Parcel #: R00 5670 1 27351 2108003 Owner's Name(s): E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership Quit Claim Deed from James A. Horowitz to Elizabeth Ann Allemus, formerly known as Elizabeth Ann Horowitz, recorded on March 29, 1977 at Reception No. 133169 in Book 326 at Page 572. Quit Claim Deed from Elizabeth Ann Horowitz to Elizabeth Ann Altemus, recorded on September 5, 1986 at Reception No. 281145 in Book 518 at Page 289. Quit Claim Deed from Elizabeth Ann Altemus to Claude C. Salter, recorded on April 16, 1996 at Reception No. 391836. Quit Claim Deed from Elizabeth Ann Altemus (as to an undivided 99.5% interest) and Claude C. Salter (as to an undivided .5% interest) to EA. Allemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, recorded on April 16, 1996 at Reception No. 391837. Quit Claim Deed from E.A. Partnership, LLLP, a Colorado Limited Liability Partnership to Elizabeth Altemus, recorded on October 28, 2005 at Reception No. 516815. Deed of Trust from Elizabeth A. Altemus to the Public Trustee of Pilkin County for the use of GMAC Mortgage Corporation, to secure $53,708.00, dated September 26, 2005, and recorded on October 28, 2005 at Reception No. 516816. Quit Claim Deed from E.A. Akemus Partnership, LLLP, a Colorado Registered Limited Liability Partnership to Elizabeth A. Altemus, recorded on April 5, 2006 at Reception No. 522644. Quit Claim Deed from Elizabeth A. Altemus to E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, recorded on November 8, 2007 at Reception No. 543946. Nothing Further of Record Note: This report covers Pitkin County, Colorado Real Estate Records Through April 15, 2008. CHARGES FOR THIS REPORT AND DOCUMENrs AT ACHED Description of Charge Total Written O 8 E $100.00 i 1 i $100.00 SmNeppo„tl F.gawleni�G+lwb7w: fq;It �A /K rirm,tl.+�l' /NbwiSmxw/Cww�u rLwMfo,erge: lafe,YmlNAwn Cmaiey WwIm IF� AWGmv GeeR Fmk MchnNrS IFFU, igfk Fyk.W IY4uvIM 2'ImgSerxe.,malbAk uAgmaW abwNSynq,4 C 0 Documents 1 $5.00 1 8 1 $40.00 Please return one copy of this report with your remittance oaMble to Title Company of the Rockies. Inc. Total Due: $140.00 Dischunter. This report reflects the result; of a search of the county records posted M the above described real estate only, and does not mmssa* reflect involuntary liens w othermaRers which might be cksclosed by a search on the individual owners or oMernames shown herainabove. The Title Company of the Rockies, Inc melees no wanarlry regerdirg the accuracy ef the information herein provtded, and further, shell not be table for any loss incurred by memo of the information reponed in this report. THE DOCUMENTS INCLUDED WITH THIS REPORT ARE THE BEST COPIES AVAILABLE aedae hpMF.geee✓w ie [;lerWim Fqk GmprM mrm(dxM IPieNUtlFueun Cue�ra weird Comye' /cft Pvi W Nun Cwwiy L..mku rr e.a✓a+e.cwa moN, nea.,.:g /wNm. Pg56, Nrlkww .wvtFl+ra.F,•,m..•awue,n M• +�ckn..d.p..,Nq 29. 1977 490169 . ..... ."4. JAV,Vq A. 110VOWITZ, nn..... J.O.— 11 500 NO1111 !:t.r(,rt, Asi)i�n , Colorado 81611, MAN HE Ctu.Ly ar Pitkin and 91.11 of 2D PAIL L) Colorado in, 111, .1 Ten Dollars P. —0— and other good and val..,blo consideration, 115ic nutuft, is bin"d 1,.;d, Lerrby tulip) and qnh dnhn (n7 to ELIZABETH ANN ALTEMUS, Colorado 81611, 0,..,s ddr... is 110 North Third Street, Aspen, C.IIIILy .1 PiLkin I ..a Si4tc of Colorado , the f.li.xin I'd ".""t" in the Count r Pitkin I ,end State Id Celnrnde, to ndt: All of Let. 7 and 8 and the South 3.2 feet of Lot 6, Block 102, H.31.m Addition adjacent to the City Of Aspen, Colorado, said lots are more fully described Is follows; Beginning at the Southwest corner of said Let 8, whence the South•est corner of the SE), Of the NE4 Of Section 12, 'eownship 10 South, Pange 85 west of the 6th P.M. bears S. ,,a -*Cat th..c 1. 7].2 _ along LhO 1' go Sin W. 351.21 fee ; , - North 73 line or Lots S. 7 and 6: thence East to the Edst line Or said " 1;— 'F .,nid . T..t, A! e_th 73.2 f=In,t alone tho r Let, 6, 7 and 9 to the Southeast corner of said Lot. G; thence West along the South line of said Lot 8 to the Point Of beginning-:. with nil its APPnrt.... Si,.,d this 2!4 J.' td •III 1 .19 76 A. lioro-itz dames S•A-M OF MIMI '1 4, Ina ;4tirin I Csnnd' af ' Th, Nrlr-lnii ins!'u-snt '-sqnins-�"dl'd bnf..e me this by •lomos A. 11or Wits. la, 'Imed.i.. --ld'es VvItinsib.n wd •-1 qu-sil", A I PlAl , 'I;Al, hi�I:;Ul lu Is, 1110 'h 1.1, . .. ... ........ I. I . .... ... In " . . In. I I. . . ... ... . v :xe.At`.'b'...nxud+.l_ ar..ta!!St____._— mS1:3�.1. - I QIITT CUM S DEED II EL17ABETH ANN HOROWITZ' II I ( °. . ; ' ORE7TA H whoseaddrez_ !s 620 North -T^ d Street RIrIR N:b n :!? RFGDRQEA II - - County of Pitkin •and State of t�@ 11 lU AN a00 II J Colorado ,fortheconaideranon of one hundred. - and. 00 /100 ($100-00)---­ ---Dollars to hand paid n — a lilt wh,seaddressis 620 North Third Street r7r ,and4 .a..f ..o_Cx'adC - the faller it r sl III �•.-v- . a, II ':. G_untycf ° ki : 1 - , and State of Colorado, g pit property in -. County of "Pitkin ® -zEt-All Block 102, r a ® �m of Lots 7 and B, and the South 3.2 feet of Lot 6, ao allam Addition adjacent to the City of Aspen, d Said lots i x re more fully- described as follows: egznning at the Southwest orner of said -LO 8, hence the Sovth angacorner c orhtheh6thfPtMe bears£SS80'S4n W2351�21sfaetlOthence I * `fine of Lots 8, , 7 and 6 here' II ?as h 3. T fey o -9 the zs Eas t the _E t 1 ze -of said 1'. °and BttbntheSSO atheast -corner III 1 r�• ^�'S. tha East lane of said-Lots b, ' -,t of oE: said Lot g thence :West along the South line of'said Lot 8 to II _ '_ the point of beginning Ccunti of 1`t -••. S.at,, cf ,.clora o. - II It Trt`Or cu TAR _ 51985 I r� l 620 North Third Street IIIk �g also known as street and number w vo with all its sppurtenances ON -� II II : -.- - _ day of Segtember.19B6. Signed-lis a - It � - - ' I ETH AN HORO ITZ. — i1 SATe.OF COi•D.Un °• li cowtyd PITKPl e .. xin Ldaed befo arc 5th.-r,. dar [ September -_I F .. II 1 M -1 :I s$6 ,by Elizabethan HoFowitz e - s IV I Nrmmmu+iov • ��' \.• Ell rl it -ca 391836 04/16/96 01e22P PG 1 OF 1 REC DOC UCC SILVIR DAVIS PITKIN COUNTY CLERK B RECORDER 6.00 0.00 QUITCLAIM DEED ELIZABEW ANN ALTFSRIS w .ddrean 620 North Third Street. Aspen F Couc,a Pitkin ,aod Snate or Colorado . run d coeudmmiao of hamby sea(s) soa Puimldmgs) m CLAUDE C. SALTER wh..ddrea is 62C North Third Street, Aspep Coomyof Pitkin ,aodsumnr Colorado 81611 ,awrblovmg mN Property, m she Couao of Pirkin , and Sma ofCokoadu, so wit An undivided .5% interest in the following described property: All of Lots 7 and 8, and the South 32 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado. Said lots are more fully described as follows: Beginning at the Southwest comer of said Lot 8, whence the Southwest comer of the SEI /4 of the NEIA of Section 12, Township 10 South, Range 85 West of the 6th PM bears S 80.54' W 35121 feet; thence North 73.2 feet along the West line ofLcts 8, 7 and 6; thence East to the East line of said Lm 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast comer of said Lot 8; thence West along the South line of said Lot S to the point of beginning. County of Pitkin, State of Colorado. oho kvowo as amm aced wmba essetsors rebalule a pe,¢I vumea a;m aV hs appunevaoca Signal snis la aay or _y A181 ALTENUS SLATE OF C{O/LO�- R/ADO, l .o`i• -•. 3! CauuY Of ✓ W Wti f rt �irF b4.�,�_g`Y� The rprtguieg usmsmem sus admowledeal bar me U,i. /Z dayM la. by ELIZABETH ANN ALiE1l//s��IS. MYmmmiaiwrrPiM /) /2 /ee1/d WONESS my h.od and p&del a a 1. /L/, Y y' as wen ace. sat. oVrsm.as o.• "a...r.a �' : 10^, t✓ 3SIB37 04/16/96 01:24P PB I OF I REC DOC OCC SILVIA DAVIS PITKIN COUNTY CLERK 6 RECORDER 6.00 0.00 QUITCLAIM DEED ELIZAEETa ANN ALTMS (as to an undivided 99.51 interest and CLAMS C. SALTER (as to an undivided .51 interest) Mews kinesu 620 North Third Street, Aspen : County of Pitkiu and stale of Colorado found Omuidvauon of ___none___— _____— ___________ ______ Dylaq in hand pd. hmebyrelknind9uivaalms(s)m E. A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Lima Led Partnership, whase address is 640 North Third Street, Asp — canner Pitkln . sad Sunaof Colorado 81611 ,flbc Wovitg ,ralp,apctt,uds, Comtyof Pitkin ,andsutrof Colwada, to vit l All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado. Said lots are more fully described as follows: Beginning n the Southwest comer of said Lot 8, whence the Southwest turner of the SEIA of the NEl /4 affection l2, Township 10 South, Range 85 West of the 6th P.M boars S 80°54' W 351.21 feek thence North 73.2 feet along the Wen line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast comer of said Lot 8; thence West along the South line of said Lot 8 to the point of beginning. County of Pitkiu, State of Colorado. coo known aa .veer and -tuber esseena's vbnduk or p ed Dumber. with an itappunenepn Signed sus Qdryd / l,�A,D 96 . EL ZABETB ANN ALTElNS CiAME C. SALTER STATE OF COLORADO, musty nr p'(� 1u ........... Thelcut, togiasuumemvae adv1rdeedbtrors.tba /Z deyal' />p�r'� by ELIZAEETd ANN ALTEKNS and m.AUDE C. SALTED. -e My mmmiv'wv eap'vn ( / /2�9ff /� `('y: '1;'` u;•.` WRNFSS my band and statist end, r. wsr.mw�rwo..a,�unm.�auaueu.t.si •:O'- . . 19e.1"na4l omttutatatsonds— y avrra cots.. no wa r., a..., m corn —im nrnm _ t.n qi^ I'i RECOBDNa REWe3TED By DIRECT INSURANCE AGENCY, INC. CMI WHER RECmrDEO BAIL TO Eovese N enw. %16 B� 5 IYtN I�III lIYRfIII Volker. e1,M laIlO1111P IIM at a nna Illilellll4 Asuen,Cobee.alsll DT'la iAeY1 sewn W a te.ae 2e05 tl:sW o st, TITLE ORDER NO. aaT.O QUIT CLAIM DEED THM DEED, made this 15th day of September, 2005, between EA Manaus Partnership, LLLP, a Colorado Rcgist.md Limited Liability Partnership of Count' of. State of, Grantor, ark Eihabeth Almmus whose legal address is 620 North 3rd Street, Aspen, Colorado 81611, Gantee: WITNESSETH, Mat Me Grantor for and in Consideration of the sum of Ten Collars ($10A0), Me receipt end sufficiency of which Is hereby acknowledged, has m ndate. release0. sold and OURCLAIMED, and by these presents does remise, release, sell and OUITC1 AIM, unta the Grantee, Asher heirs and assigns (paver, all the right, title. Mterast, claim and demand adn" the Grants has In and to tM real propeM, together with Mprawements, if any situate, hart and being in Me County of Pitkin and State of Colorado described as follows: All of Lots 7 and 8, and the South 32 feat of Lot 6, Mock 102, HALLAM ADDITION adjacent to Me City of Aspen, Colorado. Said lots " mom fully deraddet l as follows: BEGINNING M Me Southwest comer of said Lot 8, whence Me Southwest comer of the Southeast 1/4 of the Northeast 114 of Section 12, Township 10 South, Range 85 West of Me 6th P.M. bears South 80 degrees 54 minutes West 38121 feet; Mence North T32 feet along the West line of Lots S. 7 and 6; thence East to the East line of said Lot 6; Mence South 73-2 fast along Me Sand fine of said Lab A. I and 8 to the Southeast comer of said Lot 8; Menu Wast along the South line of said Lot 6 to Me POINT OF BEGINNING. County of Pltkin, State of Colorado. also known by shed and number as: 620 North 3rd Steel, Aspen, Colorado 81611 TO HAVE AND TO HOW Me same, together with al and Singular Me appurtenances and privilegas thereunto belonging, or in anywise then unto apperMMing, and all Me edits, right title, Interest and claim wheteoewer of Me Grantor, enter In dew or equity, to the only proper vas, benefit and bingo( of Me Gmatee, hasher successes and assigns forever. The singular number shall include the plural, the plural Me singular, and the use of any gender shall De appliom. to A genders. IN WITNESS WHEREOF, the Gronlor has executed this dead on Me date set torth above BY: X!/Jl 7n4 nJsirzMTFn� I AL y, Stole of Colorado TMS INSTRUMENr ORAFim BY: DIltlac ItIE INSURANCE AGENCY, INC. .251 set, saes, sue.00 wne.l Rates. C xasso=33 1 ss. and tear smanema te: Elbab.N Aram . rem, ae bagel Ape CRlor.de 81m1 Counlya4ilMN Go-r �e 1 On September 15th, 2005, before me, [o {. ...dam i_ JaRe3 psrsanauy appae2d F l Z 6 h6 A 1 � LS persondly known to me (or proved to me on the bases a sa5dectory evidence) b be the person whose name is subsrrmad W Me Wthtn mbW m mt and a me tsdgad to me Met he/sheMey "booted the same N hlsrhsr/Ihalr oF¢a oepaciN, and that by hWTerlUeh signahne on the mcbument the person, or the emtlty upon behaf of won h the person acted, executed Me InshumanL Witness my hand and official seal. fa6aSa l eats as d hElc sea. a Cotwedo w camnyym w w 2e. tape Notary Publc (SEAL) my commission expires: I�1pbeInIN"rs'- II�ININIII�I�IIIN ei681e�51Les SiLVIR W015 Vimlx CdXIrY CO N 16.60 0 6.N .aN. .✓ InI�IIVIII�VII�IIN�IVIIA�IAIII��� P.1 3 e f ;, LILVIn pnV[L YIIRIN CgMl1 fA a 16.08 a a." State of Couatyof cja A'tld Elizd6efl, Alfeasus�lllaj o.il SIo�KholaLLr On this Q12A day of Ci C F. , 20, � LLP A. Al ft mur Po..i ems(.; personally app eared before me, who is personally known to me, whose identity I verified on the basis of COloro..l' _ whose idesdity I verified on the oa lv`afftmtauoo of a credible witness, to be the signer of the foregoing document, and he/she acknowledged that he/she signed is CMVGa l Jaela Aaaay nae Asa q U Notary Public W FyNas aLA a My Colmnission E<ptres: Auribatlan CI /owe: Air Cerk6me ape mdfor and orlunrelY belwnPr to the mmmpanYlnB daswamteuvW ©Ili T �iq'M wed which coruiiuM�➢a8elx1mW 4dmed DgIIS /aOdS IJtldr Caer/�isate u appmynwd to mry doamewmher then the awdesibed hertln, hrM / /4deemednu0anlvMd. C.amw m�bu•m,arL.ai.unk. uwee ww.ewne..t..rs.esoN w�.:wwyaaa:m 0 Afls, Amen&., Rama To: lT1AC Mortgeg Corp. 1DO Nitmar Road Horsham, PA 19D44 -D963 A1TN: Racotde Hanagament ,44✓ Ist+m Abw lace s1a Fm AtuNlag mwi t.esNa 581444902 MIN 1D00375- 0587444902-1 DEED OF TRUST DEFMITIONS words nand in multiple s ,ices, of due doawcW . ddwrd bdew and other words. defined is Said.. 3. 11. 13. 18. 20 ael 21. Cmeio rulm regssding din usage d words nand in nee dorumae arc dm pmvidM in Sedioe 16. (A) "Beady 7eatammP meets this doamaL wbich m deed September 26, 2005 , toguhv with dl Riders to this dacuniat. (e) ^BOmm.er" rs Mi2a,oth A. Altamee %,,Owss is the tindor under Otis Security lnnrmow. (C) °Leaden" is GRO Mortgage corporation Lads, is a corporation mganined and seven, uads, 0s, Was Peruleyliraaia LadWa address I. 1D0 Witmer Road, P.O. Ror 963, Horsham, PA 19044 m�,pMDDSnavmrruV �s wad ueRq�Ili,��'_ P ses l 01A 31929514 -71L61 345 GM .- crosoeaaco (Aall) I.,Itl 1111111111111 ,YIg11191 012812124061z:saI env1. drvts vtma . a R 162.00 0 a." (D) ^I'rve4a" is the Public Tmnm d Pitkin Cmory. Colorado. (E) "MERS^ is Mortgage Elmwosin Registration Systmy Inn MERS is a sperat, oo p sjion tlW is noting sicly a a ... for Lmd and Lendeft meweas end sumps, MERS is the nouns, mile, fhb gscurity lsnrvmevt MERS in ergosterol and ciating end. eh, lows of Delawae.'md hat on addres and Wryb. Dumber of P.O. Bon 2026. ML M14g501 -2 @6, let. (829) 679-MERS (F) '9.ote ^moos tlm pramivamy onto signal by Borrower and detd SeptmbeL 26, 2005 The Nile at.o the Bmrowc own Linda Fifty Tbree Thousand Seven Hundred Eigbt end 00 /100 Doll.e (u, S. S53,708,00 ) plus unseat Borower on Womid to pq thb debt in rcguler Periodic Pgmmu and in Pry tie debt in full not later Wan October 1, 2013 (G) -T.,"- moans the ps.,eM this is daaibal below ender the hudivg'Tremfa of Rights . the Property.' (B) "Loan" mom the debt ,ndenrd by the Note. plus insaes. any, prepayment charges and late charges doe mdse dro Note. and W sums doe urder this Sonority insumoeat Plot intact. (I) "Alden" moms oil Riders m this Samty Wwmmrt that em cccutd by Borrower. The following Riders we to be ceerad by Bmsower Iche& boa a spplicebk): stab O Bell.lkidvte Rider (] ED Diwodmnimum Rid Rider — 14 Fainsly rsc iider 0 O41"a(s)Islin"41 Plw Unitt Devtlopmmt Rid V) "Applicable Law" evean5 all mntrollmg applicable federal, ws and local drtules, mgalalime, ordinance moll ad,ninimtlive role and ordat (ILst have the nifest of low) m well as ell applicable final, omappednblejdicial opinions. ((Q ^Community Am«latloo Doe, Fw, sed Aem ®mu" mew dl dun, Ines, aer®c1e and older chagn Ihet see impossi on Bosrowa or the Pmprty by a wndawrumn nmcietion. )so. sounitlim or sVnilar m8mli11ion. (L) "Sincerest, Fordo Trmdel' moms my, weruda of fends, other then a trmamomo ongsnatW by chd, dM, or tonsil. papa in .[. which is initiatd through an dvhmic terminal, W Whoeic maven enu,seter a maps lope m n m Ord.. minuet, a mtborim e T anval imc4tutim to debit a alit an soonest Simb tam includes, but is net litotes 10, point -of -de wuv4'as, mt.aal roller mncbmc limitations, Wine. noisiness by telephone, wee ttandaa and omomatad dwingle. tried. (M "Escrow Items' memo Nme itew that are dcmabd in gmion 3. " "MlaNlsomns peocade" mm. my mnp s stioo, settlement, award of dmugn, or proccads pied by my third party (other thin inaumwe prvc,eds paid under the mv.nge dm�ibad in Section 5) for: (i) dmag, m, m deerumm d, the Property; (u) mndamWm or alder inking a all no any part of Ne PrWwT. (iii) m.vq. in lira a cond ®neon, or (iv) miacproeosuotu of, or omissions as to, the value and/or mdition of tM Property. av1PFAm - a,a. 1.1., _ cMwCM - CM6. w0a CO lmOtl mvae } of n1 leneiv 68;� =S IIIIIIIIIIIAIIIIIH III ON 111"1. .1. v1Rre ngwrY . • 1.2.00 b ..M Lq N (0) "Mortgage Joan..- mew immmw prmadia, Leader maid We ovepayment of, or ddault w, the Low. (P) Taaiodle Palmetto- maw the «gully wbaculd smowt dot for (i) pri nips) and intend soda the Nom, plus (u) my mnmmt adder Section 3 of this Secant, Ivnrument. (Q) ' R PA" maws the Real F t Scnlcown Proceiura Am (12 V.S.C. ¢2601 at wq.) and it implantation, regWation, Regulwm X (21 C.F.A. Pm 35WL a they might be smatdd from time W time, a any dditimd or euttevor lagsletov or rcguttion that gdverm We seat a b,. mend. As used in this Semnry Inavumhan, 'AESPA- rded to 00 field is and restrictions then we mryosd in rcgud to a'folenlly related mongme Ides' m if the Low ddee vat gwhfy as a'frdvally rdatd mortgage ban' soda RESPA. (R) 79aaasw1 le golden of N.W. means any Perry Ihst bee takan Hde to the Property. whclhar m not that party has acted Borrowers obligations undo the Nine avd/m this Sorority Lest t TRANSFER OF RIGHTS W THE PROPERTY The bmefieiery of this Swunty handmaid is MERS (solely he madands, for Lester and Leoda 's su¢osors sod stage) and We dremms and ridges of MI]ts. This Sv:vity lowummt a. to Lwder (i) the oplymatt d the Loan, and all reserils atemzlms sod national. of W, Not; and (ii) the perfmmaocc of Bopowd's onvwant said aPommt mder We Sam my Lrstnmhat um the Not. For this pupate Borrows, in intimidation of We deb, and We nun harem .4 vreuocably Iphat hall convoys to Trunm, in trust, snW powar of ale, the following dmibd Woparry Iota in dm Chanty jrrye of PxortlMt Ae W lenul of Pitkin ltaa<HAemNW Aublmdmnd SEE SCHEDULE W ATTACHED HERETO AND 14NE A PA1Yp HEREDF. soma .0y has We addreu of 620 N and street, Poe,I) Aspen ,Colorado 81611 ('property, Addrea')'. Fmtl 12V CmJ TOGETHER WITH all We improv®ertm mw or hdedt. send on We pro cm,. and dl candidates. appartathaW umd lbuNa now or herald • put of the property. AN rcyle.i, sod Wditions shell des be revered by this Sesnt, learumest All of We Idegning is refeded to in this Seemiry Iowdocat in the'Proputy.' Borrower md"wo[s and ages one MFRS holds only Iegd nit to We imams ganud by Borrower in this SwafiLy Ivvmnatt bat. Jnwansery to wmply with law or dud n, MERE (es nominee for Lester hall Lendefs mosmn and essigos) has the right to aide as my on all d those Imeree:, inshuding, but not limitd W. We fight to foreshow and sal) the Property; and to take any wtion reposed a Lander including, bat not limiter t, rdaang and amcshing this Smviry lostrument L1`4a O- MnN(red o",,` IswetnmW wwwmmt hors CMACTt- dSWa.CV (wi) �ge34 /% IdtlW: IIIIIII II�IIIRI �II�IIIW I�N��4IN �I IIY 516816 0 Iz.wf atone pWU Irma .1 co p tel.eo 0 0.06 c 0 BORROWER COVENANTS that Borrower u lawfully seise of the estate baeby mus,ad and ho Nx ngh[ in grist and -every fee Property and Net the Peperty es cumbsrd, eseepr for mcumbranem a acnrd. Borrower warrants and will dowel gmmlly the idle to the Property against all chum and dwewd% subja[ In my mcomtrevm of record and lien for tom fue the corms, year rbt yet due and payable THIS SECURITY 815TRUliENI eombioes uniform even.[- fee ramorml us and -wifam ..is wife limited smindns by juriadim. no comlitute a mdfnrm aaurity innermost co mng real property. UNI TORM COVENANTS Barrows and Leda moment and aga an follower 1. Payment of PNrdpid, Ietemt, Emmer Itons, Prepayment Chugs, and Lem Change. BOrrowa sb ll pay when due the primped of, and insert m, Nc debt evidmad by the Nme mW my pauprymw deg= and Imc dingo doe undo Ne Nom. Borrowan wail elan M funds for Eswww Items pouant to Seri. I. Paymma due under the Nate and Nis 5anmty Instrument An[ be made in U.S. curr.ry. However, if any cbme or other townsman r.<isd by Lender o payment under the Note a Nis Sonority Inasummt is returned to Leader wood. Lmd. may residue rid my or ell wbso wit payments due under the Note and this Sonority lsatmn.t be made m we re mate a Ne followmg forty, an sclwed by Lmdc (a) uA: (b) mmry ordm, (c) wtilad del, bank dal. ommors'- deck a cashier. eked pmvidad my ere cheek is dr. upon an instimuem whove depo nee are inroad by s (Waal agency, t demmentadity, a entity; or (d) Elecvomc Funds Transfer. Payments are darned res i by Linda when mxivad at den locality doignued m the Note a set inch oN. Iowa. an may b< designated by Linda in e.adanc with the omia pmviaimu m Section 15. Linder may L. mr, Prymm[ a partial Meant if fee payment or period prymeob art m i f i oat to bring the Loan curt.[. Lander may namt my peymen m partial peym.t inwfBciew to bring the Low corral w ilmut wove of my rights beremd. or prejudim to in rights td mfwe and pnpvred re parrd Mounts is the future. but Lender is rot obligelad m apply such psymmu d fee tome such psym.ta ere scapvd. If inch Periodic Prymmt in opliad an a its rLedudef disc chic, Nw Lend. nod non pay mnermt . umppliad funds Lander may bold wd mappEed funds writ Eorrovm owner prymmt to being %e Loo mr.t If Hormw. does not do an within s imsonabk period of sot London shell either apply and fads ce resume them to Borrows. V non epplie5 earlier. and fords will be Whad to Ne outnmdmg eir,upal bean. und. the Note uomedined, pnin no for Jome No offset M claim which Borrower might have one, a in the future spend, LaMer small relieve Borrow. from making payments dm under the Note add this Security Instrument or performing me covenants and agcmarts womed by thus Sonority mwnmomt 2 AppOmHOe of Payments or Prooeeds Ezapt as otherwise dewribad to thin Swim 2. all payments eccrptM and appgad by Land= shill be Witted in Ne following order of priority: (a) inmw due under the Note; (b) Privopd dun md. the Note; (c) ervomts due undo Sondoa 3. Sod nu mom shall be nppliel m tomb Periodic . cli ms, m fee oral. in vhtds it become duo Any remmwvg -mom. owl be eppliad Crs m late Berg. ernsd in any dNa LOAN NO: 581444902 COLORADO -aP .morvrmrx. w,mexaar..mvrrrrs an� ^ CMwCM - CLt[amaCO (mOn)rygeay191 I III IN 111111 IM I 111111 "rsl.N12.. .ilVoi emit tier. eq.1 . g ]ar.aa D 0.m nnels due ouch This S:unty Ivswmnt, and Ihm se redtme the principal balmon of the Not V Lmda rt som • prymmt from asugg fors dcliMea t Periodic Payment which tbeboe s Payment sufficient most m Pry my Ion nun, O due, the prymmt may be applied to the dmiequmt prymmt n, Nu Ise edtmge. V more thm me Periodic Peymnt ss on.md"mg, Lnda mry apply any Pry.t ,,mined f. en ,banner se the full. To h of see Periodic Payments if, and m tbe mnt then, ach payment us be Pad m full. To tee cant that my non men alter the prymmt is applied to the full payment of orate a mole Paiedb be "bo, wrL nan, may be s, oh m and late chmgs date. Voluntary pr�aymmts sbeN nd applied F" m my prepayment chmgn and Wm sen"mon in the Note, Amry eppl(.Om of Pff--I% iv mpoe procads, a date, or lmms a annum m pmittmpsl due under she Nate shall von mad w poaponc We due date. w eLange the womL of the Pesiedie Prymm n, 1 Fuel. for Ewan Items. Bwmow. shall pay to Lender . the day Paivdic Payments ire due under the Note, ..dl Ne Note is pead in full, • som (the'Ftmda') m provide for payment of noun. due for (e) ten and assaanmoa and other items which w mtale priority ova this Sauriry Isnmmens n e lien m ammbtan. on the Pmopaty; (b) ImalmId prymmh m ground mm on the Pmp.ty. V my; (c) praalums for any and Al ineamce required by Lnda rich Son in 5; ad (d) Mmsgage Insormm prwioma, if my, a my sums payable by B assn to Levda to lieu of the peymatt of Matgegc Wessna Prwiums m aenrdma with We powaum of Sation 10, nom jars me called 'Emow Items' At msi,nam. w at my time dmiog the tam of the Loan, Lender may require that C mmuoity Asmcimim Dues. Fen and M.M if my. be mowW by B.... and such dun, fees, and srmannew shall be as Escrow Item B .. sbaw psumpdy furstim Ion Leader all notice of mounter to be peed onda this Section. Bossowa shml pry Leader the Funds fun E. Isms ualm Lender w oven Bomowef s obligation Io pay the Funds fur my or at Eason' Itms. Lade, mry walvc Beep - obliphoo to Pay to Lnda Fends fun my or all Escrow Imes m any time. Any soul, Waver mry only he m mine, In the cunt of molt waiver, Bonner Asll pay direely. when and whme payable, the emom. doe for my Emow Items fm which prymmt of Fonda has been weaved by Lmda sad, if Lmda requires, shall fennel, m Latch mmpts evidmting such p,.t urnbio such use crind n Levtla may require. Bosomed, obligation Ion mete such prymmt, and 1. provide searyu shall for all pWons be dewed to be a covenant and egf ®ent mmamed'm Iles Seventy Insumvmt, as the *mo'mvsaal and egmeenent' is used in Soon 9. If Bonn is obligmed m Pay Evow Items do only, pteeme, to a waver, and Be.. fails b pay the mecum ds for m Escrow Item, Lender mry, m.easo its sights undo Sm. 9 and pry muL wont end Bormwa shag then be oNigsted undo Sand. 9 to repay to Lender cry surh unpeeL Leech mry, avoke the waiver as to mry w all Escrow Items m my lboo by a notion given in eccordma unite Swum 15 ad, ups such revoatiov, Eoaow. shell Pay to Lmda all Funds, and at melt wouou, than are then requecd under this Sation J. Lauder mry. m any time, .Ilea and hold Fuels iv an noun[ (a) wfRamt to permit Lend. to apply the Funds m the time sped under MSPA, and (b) em to nca d the msxwum amount a baa a can sequin, soda MSPA Lord. sbal common, the mount of LOAN N0: 507444902 rotntumo - � r..ar- r.r mm..su. an' wamm wmaummr v.. y CMAM - CMi1001 C0 IaOI) ?qe 14/Yl IvNhY: I�IIII�IIIIIII���NI�I�III�IIIIIII er 12 a :mu siLVtR Wvu name Mttrtv m q ses.w o scam Fords chic m the basis of current data and ressinsble wattles of cspehditurn of future I. Irons or othnwice in aserdanse with Applicablc Lew. The Fulls shall be held in en ka Lnuvon whose de wits are mood by a fderal ngahry, iwvumeoWity, or entity (including Linder, if Lender is no inmswion whose drpozu arc on insured) m to my Fdml Home Lose Bank Linder droll apply the Funds to pry the Escow it., no later then the time specified under REgPA Letder shell one c6sgc Borrower for holding and applying the Fonts. mnudly malyvvg the ewrow semmrt, or verifying the Escrow Items, unless Lmdn pays Borrowsr interest on the Fords and Applicable Lew pewits Lender to make such a r ,,, Unless en agreement is made in writing in Applicable Law regnie s intact a be tend on the Fuadz, Lmdn shall not on rsge'ad roes pry Bmruwer my intense or coyest a on the Fulda Borrow. and Linda cm sgree in wntis& howwa, Ws stores stroll bs pmd an the Foods Linder thd give to Borrows, without charge, se mewl accounting of the Funds as rcyuhrd by RESPA. If there is s surplus of Funds bald in eserovr, s isfies,I inns RESPA, Lends andl a.rnW to Borrower for the exam fuels in ewrdmne with RESPA. Y these is a shcrtge of Funds held in mow, s defied ands MWA, Lends shall notify Borrower as requird by RESPA, seal Borrows shall pay to Lmdn the amount napery to make up the thoaagc in accoNma with RESPA, Ise m m more Ohm 13 monWy prymmty If Was is a defiaenry of Funds held in mow, as delved hinds RESPA, Lends tholl notify Borrower s required by RESPA, W Borrows shill pay be Linda the mount secesny to make w We defhdamy to sccmdmce wsth RPSPA, but in no more than 13 monthly pq'mmm Utica pgmmt in full of a mm emend by this gemriq meanness, Linder shall pmmply cfend to Iyorrvwer any Fee& hold by Linda. a. Cbaegu; dhs. Ibrrowa shell pay ell m%m asnmhmU. ehagm from mvl impmboas a.ribmble m dhc Property which eeo ate. priority over this Security hise nemL Ian sold prymmts or Bound rents an We Property, if try, and Community Aaoawm Does, Fm, end Aaw.emhmm, if my. To the mint Wet thr s itms ere F w Irmo. Borrower shall pay then in the menoor providd in S.niao y. Borrower shall pmmWy diseherge my lice which her priority ova Ibis Sinarity Insmmmt unions Bmrowa: (a) ages m writing m We prynwnr ar lbe oblileb. so red by the lien in • mains sapuble to lender, ben only se Ion, es Bmrowa is In., s L agermmr, (b) contents the lies in good fmA by, in dolmde again a mfmamint of the lien in, legal pmcedimp whiclo in LeadrYe opinion opo se in pweet the adorrmmt of the line while those Wocadinge ore pooling, but only used nods prvadiap are nonoludel; or (c) sinus from thr holder of We Hne an agmsent utidmory to Lender submdmeting the lim to this Smurity I Lmmmt if Linda daermiss that any pmt of the Property is mbje t to a lim which not .,We priority ova tmg Sectsity 1...4 Lad. try give Borrows a nonce idmtifyiog the U. Within 10 drys of the date on which the notice is given, Borrower shall satisfy We lies or akc we or.. of the actions rat forth above in this Semen ♦. Lends may require Borrows to pry a one -time charge for a red cute is vcifmion sub. rryomng service sal by Lather in eons ed. with this Lam S. Pee wo, hwerasz Bermes. shed kea,, the mprwaocns now admng or beredta amtnd on the Property insorM egeim loss by fix, M1awds includes] within We tam •mmdd oovaaSs' and any other hoer@ mtludin& ben ant limitd s, s.thgoti n sal NW.- -sown ee -n— .roe. —woeWe VTeemonvas. CAGO.r- CMSmDaCO (am) ?Baal➢) roXYtc �IIA It�II1IIIN�IIIp III NIII III�II IH 11® 5161.1251816 en.mr 12 .i... awls eit o... m is uLU a is . J n Nonde for which Lender requiter insumcc. This mataenm chaU be ma.teioM in the amounts (including deducible leads) end fm the gamete that Lender requires What Lender requim Purwaot to the Pr=rding emtmm ®dmp dining the Imm of the Lem. The insurance atria providing the insmence shell M daces by Ignnow, subject us Lmda's nghl b disapprove Bertew,'s denim, which right "U not be "Mists unrenombly. Leader may aequice Borrower W I.Y. in mmwarum with this Lon, mthur: (a) a om -tune clan, fm Nood sane dgurrow boa, mtifieeuon and tanking wvim; m (b) • eneli e. charge fe, Bond mee ddcrusaw ion end edtrtnuaa s,vim end subsequal charger comb ume ten:eppmgs m Filar changes occur which aeaso:ubly migbr aBw such determintliw or eertthu n. Botrowc shall Am be rep -Able for the payment a any fm impmM by the FM,aI Emargarry Mmeg,eal Agenry N comeection with the review of my Bmmd voe dgvmivatlon rculung from an ob,wwcw by Bmrowc. V Borrowar fads to mainuin soy a the .0. d. W about, Land. mry ebW. insu eat. roverge a Landon. opuon end Bmaow,'s eeponse, Leader is und, m obligauo. Ice punch. any particular type er wo net a mvemgs Then tore sari: coverage Audi aver Lender, but might or might mot grass Barren , Borrower. equity in Nee Propny, m the mnmAU a the Property, agaivd on, risk, hmmd m uabiuly and might Paovidc grater e, Imr coverage than wes pnn,tendy In Wool. Bortower dmowludges that the con a the immmce cage so .1sumed might significantly sxmM the ma a iapoN =shat Bo, mold hive seemed. My aamuau disbursed by Linder under this Seeuun 5 Asall be mote addivand debt mf B cT smemM by this Sumuity Insllum=L Them mvomle rhdl beer incest at the N.0 rate from the disc of disbumnml and shill be pryable wrath such ioun st, on notice from Lendm ten Bmrcower nw mamg w,T w. All insurance policies sequiral by Larder end renewals of much pniidce" he subject m LeMera right W diuppnew such policim shill include a MaMatd mattgne cWu, end AwN we Linder v mmtgngcc md/m v on additicend ass P-Ym Lmda shell hem the Ti,,, , hold the Policies and aaewA mtifulo, B Lend, mqu'ves, Bovow, shell pneuptty gave to Linder dl re®pu of pad pawivaw end renewd mom. B Borrows .bums ay foam of u noneec mvar lls. vol oth,wim required by Linder, fer thaw, to, m dmbudice of the Propatty, such Poliq d:dl include a wended mortgage do. end shall owe Lender as m "nee mdlm v se additional lose pry =. Is the carat a Ice, ldoaaowar shell give Prompt amerce , tM u:marme mutt, end Lads. Lad, mry make proof of Inv if not suede promptly by Barrow,. Unless Lad, and Bocow, othe"mou -goes sn wnti-I ay ituma= Pmwwd*, whether er not the underlying .surest was required by Lendc, shall be applied m m,,, e, or r udT of the ,Tup., if the new -mc s or repair is munomiWly fusible seed Leaded. azurity u out lesson d During nab tepalr and uutmsti® Period. Leader shall heart the nght to hold such .Amerce proceMS it Lender bat had n oppw m y to inspen such Pmp.M m ,sent the work hat boa mmpldW W Leudes'a astiY- etioa, prondW tad such iaspe u. shill be uMCUkm prompdy, Lead, mry disbose proceeds fm the repaua aM reevoname to a sivgle paymw err in a ounce a pmgrtn Prymenu on the mod, is sweplcM. Unless on egmemmt is suede ne w sung m APPtic-ble Law ma'am cA- m be Pad on men inauraoce Proceeds, Land, Awl not be requnce 10 pry Ib cons my istcea m earnings ne such procmL. Fm fur public adjust, I[lHN NO: 501444902 cosonwbd_sy.r.wu -r— ar.,ar w..wm,mor wareo.urr.�a- very i{ /�� creecat. ossosm.m hoop Wm sytq t.a.r �i IIII�I�IIpIIIRII��I��M Y�II�INM 111111 5 6 ma612'. cavern onto wrsm court, to a tos.n o Ca. c "1 or ether third parties emoned by Bosrower shall not be Paid not of the iosunn. pretends and fiall br the sole obligauoo of Borrows. If Nc restavaon or raper is ore ewnomi.0y faults in Leader's sonority would be loomed. Ne ihwurerce pruaxde shell be applied 10 the sums neutral by Nis Sccuriry la.umans, whahs or no Nan dun with the cx¢q if my. Paid On Bmrowa. Sunk Norm. prows shell b applied ern Ne ads provided fm in Smmo 2. If liormwa otondom thc Property, Leda mry file, negotiate and male arty available insurer. deter it related motors. V Borrower does no realond within 30 drys to a notice from Ledo that the insmowc curia his offered to one a claim, Nan Linda my negdak and ua0e the duo- The 30-dry passed will logo urban the aubm is grim. In erNa avant, or if Lands scgurres the Property under Swtion 22 or olbasviz, Borrows bacby amps to Lands (a) BorrowrYs riffles 10 any ireura.e proccds m an atoeuet not to card the areoonts onPtd coda Ne Note or this Seemly 3-4 and (b) oty other of Burowds riffles (oNs Nm the right 10 any refund of unrnrvd prvnihans paid by BorroweF) under aV Forner. n. policies wvaivff the Property, heiar as an d rights ate epplicaluk to the comon, of the Property. Louder may use Na iom omiC a aids either to repair m reem< the Prop" or an Pry amwnm unpaid ands the Note a this Security Ivruuru.t, whether a sows then due G O aapanos. Borrows aball snupy, mat isb, and a. the Pmpaty an Bonowes' s pri.rpd residuum eaithiv W drys xfler the olmmon d don Sanity bsstrrmhant and shall .oivue to cum, Ne Property u Borrower's prirhoiped residuum fm in Iset mho Your ale the date of occvpomy, uoleu Leader oNawico W. to writing, wbkb consent shill not be ii.ably wishhedd, a user reversing curma tvn.s exist which ate beyond BOrr nW , .owl. 7. Pnunatoo, Malsttam er and Prmsdoa W the Property; Inaprntioaa Borrows stall not de". damega a irnps'v thn Property, 0. the Property In don,i.eale a mean woos, on the Property. Whmther in not 9orrower is r ®ding in the Property, Borrower shill reeioain the Property in order to provers the Property from deteriorating a daxcuing an vtam due to Its .nditims U.). it in dmsmioed Pasuml to Sation 5 that repair m maturation is rim concurrently finable. Borrower shall promptly repair the Prop" if dmugd to avoid further daeriontion m damage. V insurmre or .ndanmation pa ads oc paid in moamtion with turnips to, or the selling of, the Property. Borrower dust be impossible for repairing or remties Na Pmpeay only if Ledo his relused pra.ede our s A pmpo.a Lendu mry disbm. premeds for the repave and Owosso. in s single prymenl or in a min of progress prymants as the work k complad. V Ne mwmore m andemnation procmds no not suffstimt b repair or heron. the Pria ay, Bortowa is out .liana of Bmrowd s obligation for the oompklion of such repair m restoration. Lando m N spot may make reasonable anoiin sWw and inspections of the Prop". If it his r.soaabk ousq Leda mry wopecl the interim a Nn {mprovmaua on the Property. Lads Nil his Bonower .ti. u Ne tine a or prior to such as interior hctpcction ryssfysng mull r.sonable mm. B. Borrower's least Application Burrower shell be N defmlt if, during the Lem application process, flemows m any persons m instm Foreg o ron dirmioo of Bmrowa m wrN Borrower's knowledge or ea.mt gave rte mill, fts, mklud'mg. or i.fie infohmaim or mtemmts to Lasda (or fails On provide Linda with material infornmim) in cnlwcet- ewtsamam mddp rya.eyey �rrunds IIIIN IIIdI�I�U111110MN��49 �IIp IINl1� 5z66z�aa':`;z n, w flat," flat," :a3r rtuvm .sin nmrx ow R tm o 0." c.meation with the Lose. Matdal representations ineluh, but we not nnoud to, represmwi on. .... mg BouoweYe Paupm.y of the Property, as Borrower's principal residence. 9. Protection m Lender's Interest W the Pnperty Sod Rights Under this Security Inonmeot. If (a) Borrower fails m perform the covenants and egrmsrnts omtsmed in this Sccvrily fronurnent. (b) there is • legal prameding No might ugiJemtly effen Lcodds interest in so Property udtlof rights muter this Smuity iu+m:meat (such as It pr«eNing is bmkruptry, proboc, for condamalios m fierfeduria, for ref.sust of a Bea which mry seers Priority over Oils Saunly Insuummt a to ensues laws or regulatims), or (a) Borrower but abandoned the Prop". then Leader mry do end pry Fm whoever is resonable a appropd.w to protm Leads iwc.rn in the Pmpaty and rights order list Smnty Insuumm4 including protaung and/or moessing the value of the Proper,, ad seaming soul/or reptvmg We Proper,. Leader's atoms can inwudo, bw ere nu limited w: (e) Prying try arms srcurd by a ties which best Priority ova this Samily bixumrnS (b) appearing in mutt, med (c) paying resemble mtmrseye tees b notact its interest in the Property sM/w ngbu order Wes Slell q I"A nmml, red-ding its reerd position in a beMophy procnaiing, S., the proper, mdudes but u eat Ihdtd m, entering the Property on make repair; sheep lock; replac m bond up dears and windows, drain wets from pipe; eliminate hodo g OF other code nOhsims OF dmgaous andiliook W have utilities Nord m or off. Although Leader may Nine sent. undo, Nis Safi. 9, Leader does rum have to do so and iz not under my duly or obliguim to den w. It is agrooll did Leader )ours no liability for eat tekmg my or all ammo aunsi its order this Seri. 9. Avy unowls disbursed by Lender under this Session 9 dia become ddiamel debt of Borrows enured by this Sssnity NSVUmeat. Thols, wowtz dull bran interest u the W. far, tram se date of dishufsemrnt ad shut be prysblc, with each inuron, upon notice from Lads to Borrower requraling P %num. If do, Saunty hourwnent is on It lambold. Borrows shut comply wis W tie pruvidons of tic lax If Borrower eequirs fee tine to the Property. We leasehold and the fee title shall .t merge males Leader egrees w the mega in writing. 10. Mosdpp in.unncn it Lands required Montle, honer. m e eadise, of making the Lam, Borrower shill pry tie pre emme requird In muntais so Mmgmp ]nurses m cBeG If, for soy resents, se M.M. I.orsea avers,. required by Lends aaxs to be avduble from the mortgage in— soul Preeimaly pmvidd ours Nuurma end Bonowc ins required 19 main. spmsmly dempatd M. toward the premiums for Mongap I..., Burrows shut Pey the premiums requved to obum coverage abstmuoll, equivalent m du Mortgage Inuuana previoudy to e fat, in e corn abnmtinlly equivnlent to the ono to Borrower of tie Mongege I.. previmdy is drew, form an W oast. mwtgege -ol. almd by Lad¢ If eabaantially eavivaleal Monpp Iveuras n avenge is at evefleblq Borrower shut avenue In pry to Lmda tie as o of of Oe aparouly de ipeod pe,maYa %u was due wbea the in.. coverage aascd to he, to dfm. Leeds win so.W. use mod retain None paymeats m s von-fefmdebls loss reserve is nor or Mortgage Nawurce. Such dos meervo shell h non- rafmdablq noteriWwsding the fm Iho the Loa is ultimately paid in full, aid Leaeader shut nor b<rcgwrd w pry Barowa my Inherent or eominp on errs dos rcavc Lender can no longer requve loss recvc pzymats if Mortgage tvsmmce novssge Cm the IRAN NO: 587444902 CDIDPABa _ W r.µ. rrrrM,wtrarwrmewaa:w.vr �a GMACM�G2rSma.CO (pml)(Pga ➢yl➢1 ruWh: NI�II11IM1111111O1011I1 5i68eos ii:aar S1lVfi nng3 ➢THIN ante, ern R I0t.q 0 8.00 amodt am for she period that Leda rcquoe) providd by an insma saldd by Lada again bwamas art is dKe)nW, and Lade respond separately designed! ferment toward the Plemsums for Mortgage Inmtaa. If Lender rec drat M"Mc Interma as a doormen of making the Loan and Iiorrowm wee rryuirW b make wpanmly deaigns4d paymmd toward the preninrs for Mdgage losunna Renewer shall pry the prwtuma nal—W to .amts-.. Mongolia lowemas in West, or to pronde • nourefadable loss reeve, until the Lmde's nquirmsem for Mortgage lowuaa ads in mcorij. with any wrioev agreenaa hawmon f3emeaer and Lends providing fm such temination or mail Immindion is neon, by Appliablc Lew. Nothing in this B mrr 10 aids Bdowr,, obsgatia m pry intcresl at the nor providW ie the Note Mdgege Inwvem reimbmsm Lade, (m any aairy thm purchases tho Non) for ¢resin I' it real -.nom if No—or' doe not rWay the Loan as agrcN. Bosrowa is not e Party m the MmIgage Insnma Madiagc hmvem m mains their total risk on, all such in. in force front time to urea. srd may mare lot. agrasomam with other panic Wert shore or modify their risk, or redoes lose, ruse cgrommaks . d tams and oovdi,.a Net are etisfdory to the reengage and We othm party (m pstim) m ,ca, agravnad. aloes agrewme,, may require she mortgage insna m make payments using ay sour¢ a fords that the mdgeee wrmc may have available (which may include @reds obteivW from Mdgage brownstone predawn.). As s It of Wee agreata4 kosher, any purchear of the Note . another answer, any rcimka any mitre atiry, a any effsliue of any of tan foregoing, now seine (diraMy or ivdirmdy) —B this deist farm (ar might be charedmired so) a ponies W Bmrewer's palm err s for Mortgage Ltmnna, iv avthagc for sharing or modifying the mortgage immar's risk. or reducing lease. If such agrmmat provide, that an affiliate a Ladar take a sloe of IM imam's risk in eadedge for a tltve of the proomnts paid to the iewue, the arrage ns, is oft tared'aptive reinwnam • PmWm (a) Aay sets agrmmats wrl not eRd the amounts that Berre.s.r has agreed b pay for WIlgag. Interstate, err soy allow lariat of she Lem Swell sgrtemevts will sot m the amowa Borrower will awe for Mortgage Ineranta, and they will war anelBa Bortor.er ro any rdund. M Any sues agreements will not aged the rigbn Bemewer has - If any - with roped so the Moeigaga Ingram under the Homaa.aem protsdian Ad of 1998 or any other law. new rights mq lodis a the eight to rods. ce taita diselotaro, b empire, and obtain caalletion of the Mortgage laeram, to hive W. Mortpg. fauranre tmmiwNd aommaBnsily, —Nor to raaeivs a Wood of any Mortgage im.m. pressimed .bar wart uoeartad at the time of tech dorall.11 a or unwh etma. I I. A.eignmat of MltroBananu. Protests; lroddturt All Mimellmaa I'roo ds was haaby rsigvd m ad shell be awl to Lade,. w: ULORAtaO�n w—a -e— M.'r.•tLL W— mw.arewanw GMa(.M.CMRmN.CO (m%)(Y @ele�l% Ie1M1le�i�}`{j`— �,M III WIY "��' ^'• ^I�YfI��1,IIRY BR/]A 10 of21 .1LVIR pry]61IMIa away m R IBI ] .N n a." m 10 If the Prop" is damgcdl such Mswllmmm Proceeds shad) be applied in restoration or repelr W Ne Peep", if the reawstim or repay is ons.,csllY feesible and Lcrtder's elumiry is not lesserel. During such repair and reslondon period. Lmder Nell have the tight to bold mch MisWlmmus Proweds until Leader him had m opportunity In mspem such Property to ¢more the work loss been comp)ded to Lenders setis4giss, provided Nst suet invention Nall be undaWm promptly. Leader mry pry for the repairs and restwatmn in a single dueursanmt w m a scrim of progress Mourns as the work is onsimpletd. IJM= m agraeaimt is made in wriun8 a Applicable, Lew rutpures interest to be paid on such Mucellan. Procmds, Lender shill out be required to Pay Borronv my interest or earnings oar mN MireJlmmm Pnesds. If NV restoration or rspair is not oesumnieally feasible or Lender's s¢uroy would be Isrrlud, the Miertllmmus Pm ds .hint be applied to the sums seemed by this Smsmry Ivanmmk whether or out then due, wids the m. J an , paid 10 HanowI theb entomlum Pre ngahJf be appliedtar Ne ardorprovidedfor Prparrim du Iv s, event s sh tour takivB. do ths, m, m loss in value of the Prvperry, Ne Mier oro u Pnaeds shill be applied m , P mme rmmd by Wa Security lasuammt, whether or out Nm due. with the exasq if my, paid a 1. imer. Iv the Value of • partiad Liking' err dw -umioq or less N vetw of g. Property a which in ske mrket value of Neer in= t immdiadf bed se patiad ty WS dmvuuio4 ru loss in made is W to w prcmer Nm Na mtmmt of the sums smund sl Ws Security Instrument im civati a before Ne genial Intone, destnGmn, or loss in value, uolms Bmnwer and Lmde, annoom c ahem N writing, s P even smwd by ibis Seemtry lruwnmt Nall be «ducd by the mount of the Mradi un lulu Prowls mu)eplid nil Ne following framior (a) the ton) pnount of Ne the f secwd ®mdiateIs b rope the paruad mAy .the part w Ims in vJUa divided 1 (b) the fair Any a value of I bPsopern immdiarely before the partial Wcing, destrumioq w lore m value. Any b a is shill be kind w Bartmvcr. Iv be great of • e pea, Liking, destruction, q w tom m yam of Ne Peopury in whir. Ne fay is 1 vadm of the Prnppry i due .1 m before the paruad Wing, des, snion, w loss o vadu n. less Nm n .. u es Nc sueoa amud adder . ely before tic n sue tekmg, dsartmuon, m los in value, udem lIDrtowc and secured aNCwiae spree m wntinp, ter cruelch. .Nils Nall be applied m the nms semrcd M this Saunty Wtrummt whesher cruel Ne sums are Nor due. N use Property is Nadond by Borrower, or if, offer arouse snake Lendm to n n ile . Nu of dourei es Party wn defined o Ne >� ameaw) offers m make m award di xtoti n clam em damage. Bweower sill 1 to urgent w L ly due 30 drys eflu re don Nit north: )e given, Corder is aulhwvN tar or and . ous ed Mixellmwm Pevcwds either er rcawtim deeps'- of the Popery or as n auma rmud by Wa m bn esse, Min, svhaher w not Nlu due. 'Opposing Patty muss e, third parry Nat awm Nwrower Mimdlmmm pracmis m Nc party against whoa- Honnwer hm s right N emim is regard to MixeNmmm Praxds. IRAN N0: 587444902 corAMDO- 6.µa.ey- restorer arvmmw wtwomrr r —ins CMnCM.CMinnnLCO ryWI) rye. 11111) Weah:"— P'TLIV }T�_ IIIIIY INP BNIIItl,YI10lY YII W0N 19I11tlI NIN� 59.; $$a. 2003f 61LVn puree pRRn CpNly en p 101.00 p 0.00 M ,.r Borrower shill be in ddaWt if my, nuion or pooh cling, wboher riled or ..I,, it begin het, in Leader's judgment, could ninth in forfmture a We Propvty s o,ba omj iA impairment W Lmdefs interior N the Property a right order ihiz Srcuriry lomuam. Borrower em cox moth it dd.oh end, if acoelsetio hot occurs,, ranvne It pmvidd m Smtson 19, by o.ming the aaim a Proom ing to he dismivd with a roling that. in LCWda'9 judgment, preclude faddnue of the Propmry or Whirr mvcid hoped. d Lorded s moan, in dm property or right coda ibis Smui9 hrsmomsL Thor prawda of art, awed a cuim for dmne,es he arc ahnbutable to he unpnrmmt of LerMm's intact/ in the Propary m, hereby —good .d.bel be prod to Linda. All MisrcBanoua Proczdo by tiro no applid to rsmratio or repdr of the Propary shill be applid in the ardor provided for in gmtion 3. li Sorm,rer Not Released; Forbearmm By 3adar Not a Wswee Estmdm of the time fa payment a n odiBntio of mmrtivtim of he coma navel by this Security Inmmnenl Fmmd by Linda to Borrows or my Sum®r in Intaev of Bal owa s,8B not operas to inhIm dm liability of Borrow- or my Suemms in In Irani of Borrows. Lods andl not be nopwonl to . prnonotm s'Im, my Sxttsem in Intact/ of Borrows or in refine to mood time for paymm, or ahawim modify Iran to tiom of the awn more] by this Secori,y rnmummt by reason d my formal made by he origin.l Borrows or my Smonnat in loeeg of Borrows. Any forbcvntm by Lender in ominni rag my right or rrmdy intuding mthout liroiuum. Lodi• —I— a peymmu from hid W., mdtis or Su ms in Inuit/ d Borrower or W m anow Inn hen he amour, thin due, shill na be s wdvs of or prmlude he immix of my, right a roomly. 13. Joist sad Sevorsl 1Jabll"; GAgmm; Stemm. and Ami,ea Bound, Borrower covmmu and .Foot he 13onowes obligations Vol liability thel he joint rod mvmd. However, my Borrows who o-aigos his Smmity fsrmummr but dos nor arav 1 tbo Note (a -m- demo-y (.) is oo-dgmng thin Ssudry fnmmm, Only to mortgage, Fm, and convey rowing in rbe Property Volm he hsma of this Somony 1,11.1 (b),, not paaoodty, obliged to pay the sums smmef by his Smuriry IWmommt; and (c) organs the, Lmda and my ohs Bmnowa tin aFm in mood. modify, yahes or make my ii.oclooa wih «gW to the trams d his &oIr, y hsnnmmt or he Noe wobom he co -siFm" a commit Subjs m the pronimm of Send. Ig, any Summmr in loosest of Borrows who s Bon—e- oblieatios coda his Saudry IW Vmmmt to writing and is mama by Linda, shill obtain dl d Benosys'. right and batlu motor hu Sx ,, invrom n, Inl""' shill on be rdemd from Borrower's obligeiom our liability coda his Security inmrumm, .lien Lends .grey ,o soh rdum in ,mg. Tie mvmmu and .,,ammo of his Smutty iammomt the hood (smpt m providd in Smtim 30 and bone.., he swamrt and .nips ofLmda. MWIApU -twit, e- r. r, r.enwr.. wemtweonto —on r..mr x✓�/�/� - sacra. ctM..m,mns) ?mr): g IV I�NYINYI�IYNIIN� IINIIN�NIINNN 5 %�12M112It. .net. Wm. PM1.. on R 1111.. o 0.00 14. Loan Cluegea Lender may charge lIou, fm fm smixe pafmmd in o maYo° suit Bvnvweta default, fc to pmpoae of prom m,'es,'s mtam to the Propay and tighta undo tic geouily lostrum e,, ivdudiog, boat rim lln dal b, i nom%s fees. pmprrty Mwastim and voluatim Ines In regard to my ota fem, to absmne a a,pre, authmily m No Secmiy loarmlml In chain • spmific fee to Bmrowa All not b mnsuud as a yrohibiumn on the changing of inch fee Lmda may ant charge fen to art no mly pmbibion! by this timothy luatrmomt a by Applicable Lew. If to Loan is subject to a law which ms monsoon lone cl mgm, and to law is finally imeaprnd an wine to amain m ota tom obarga mllald or to be collened in ammaaim with the Ivan came el to pmmtid limits, ten: (a) any such tom shtage All be rdund by to moment n we any m rdare to Awlic m me I moittd limit; and (b) any wane Weedy mllatd from 13orm er whloh amedd pamistd limits will be refundd m Borrower. Laura may dioox m truke this refined by reducing the pincipal nwd mda to Note or by making a direct p %mmi to Boaower If a reNvd mt. prima, to rdunim will m imam a a papal prep %mmi witml a% Rep Ynnom obtain (whoa on rim a prepaymwan charge is movidef for utrda to None) . BormweYs mm�ptmen of any wacb refined mdo by disem mymau to Banvwv will mntimm a walva of any right of anion Bmtmwes might Lave arising m1 of suds owns l err, IS Notlem, AN Notice given by Bmsowa m Lmda in mnnabon with tis 8mmy lnmvmml mum be in witting. Any tom. to B... in mmmlim wit this 5muiy 1own'so ent Wall be dmnrscd 1m have been given on Bmaowa wpm mold by lira clam moil m hen eaudly dclivaed t Bormwa's notrc dtm Janet by oda mew. Maim m any mm Bmmwa shall motion nmlne m all Bonowas Im1m Applicable Law expressly segtmao olhawisn The notice address shall be to Pmlmy Add— mlm Boanwe- has d ®goad a wabs"mon °mine ddrm by motion m Lender. Bmivwa doll 13mmp0y notify Lmda of or"mr'a then eaddrm. JLmdaolost R•hange f faoass through BmmwMschmgc M siding ten emy he o doll fie report a mote of ddim Ihrovgh that syaifid my one L Tbae wary bs only one s All d vobe ddrm mda thin Security Ivsmt by f m anY one lime. Any notice m Lmda shall be gum by on has erg d or n, mal n, it by fvo doss mot t LmdrYa addrm and herein enlm London has dedgnod mots ddrm by na4ne to been 9N r, any antra ti mmeeliov nit tjb Leader. an, . apnea rim i dwvd Se have hem glum n Leader mo, nme, A sand by Lmda. pl any mdc tequued by will som"Y y' amelanisdmoloomd an Applicable Lew,to ApptieWle Low requirement will xtisy to mne+pond�vg «q,1v ®m1 mda goal gmoip lemumms I& Covemlog Len; Ilsverabliltyi R ba of Cenststleti °n. This S.,, lommaml shall m g wend by fdaal law and the law of fix jurimme mn in whet the Pr°Paty is Iwtd. All rights and °bligatimu motalnd in this Sma iy Insnnernt me wablcy 10 any rcqufcmmts and loodatims of Applicable Law, Applicable Law might arpGdtly m implicitly allow to peon. to ago by ammo t a, it might be silent, hot wash dame dull am be mvsuvd an a IAh13 N0: 587444902 CcoN1AoCRnA- Oa0w- se.. (ai Mae, 11 Netw�rtanamtaaem/r a.. a, imyiA /f yral III'XI YM IIII„IYNI II11111, I YI IIa YY IOp r .12 Mt,la, "L nl mNto "tam moans m R 101.M b I.aa pralthaiun against agreanimt by mntri d in the event Wat my Provision n clmx of this Security learn mot or the Note mrdlicts msh Apphooblc Law, such conflict shall oar affect Atha M iaions Of this Satirist loatmmw, or the Note which can be given eflAot wnhon the .Miais,g moVinni, A I cad in this fimrriry Innrummt (s) words Ad the mesculme gander shall men and mdude mrreapondiog Sourer wands or words of the Icmwne gander (b) words he the iogain shall mean and include the plural ad vice V.; and (c) the wnit 'mry' Ii. SoIc diwdm without Any obligation to rake any antim. 17. Borrow.'s Copy. Be-- shall be givan oa .1 of the Note and of thus S ty Inshurnmt IL Twasafer of the Property or • Beneridal micros W Barrawer. As And in this Srearm 19. 'Imeren W the P.perry' mew any hegal ar ban r,.iW mK.t is, the Property, saldm& bud not limited W. dote bmefidd mtaeats trmdared in •hood for dud, nomraeL for decd, installment sdes cored or escrow agememmL the intent a wheal, is der vmst, of title by m wer u e fudme due W a purchaser. If All a airy In of the Pmyerty a my Imann th the Property It Sold m vnfined (n if Burrows is not a natural pow and a timefdal intact in Bnrowa is mid in trx,darrd) wirhmn Landau pna wtihm .,, Land. aney req,we immediate Mares AS fail of All aorta seamed by this Semnry Iannmcnt. Haweva, this option shill Art d maeisd by Lmda if such common at pohibival by Applicable Lew. If Lerner a ace. this optima, Lmda shall give Borrows molds of aeeelesanon. The anti. shall provide a psiad of not Ian than Jo dry. from the dale the .6. is given in .,it.. nth Section 15 withb, wmrh nmra Arun pry N meat eacurd by this Security Wsmmant If Barrows fails ra Pry these wore prior W the capinti a of this period. Leader ants invoke Arts remedies permind by that So airy Inmummt wdhom further Doti. AS demand an ElarrmVer. 19. BAr.wer'a Milan to Hdnamle Aft. A.eknlbn If Borrower meeO oerds,io mdidion, Burrower shall have the night W hen nIb mot of this Security Inmumant dionminud at any time prim to the evliM of: (a) Bve drys before ade of the Property purwnt W any Ponta of sale .otaind in rhea Sauriry Introvert; (b) each other period n Applicable Law might Vanity fn the tasomdon of Borlew'er'6 right W remsuK or (c) miry of a jdgment etdordng Ibis Semity Inmument Those conditions arc then Borrows: (a) pryer Leader- All wins which than woutd be due order this Semnry Ivstrummd and the Nae as if no aaelermon hd o.urred: (b) corm my ddmll of my other mvmmn m agreements; (c) pays all npmona sucurrd in entering this Security Inm,rmmL mdudin& but tin limited lo, --Able ndomge fees, Property mascon. ed vdudun fw, sand nthar fees anortd fn the pmpnte of protadmg Lnda'e hnta.t in the Prop" and stains matter this Security Inm,msnt; and (d) tsk. Ruch action n Land. eery reeSoOAbly seqube W ateure on Lmder'e Interest in she Property and sights under that Snemry mnspmmL and Borrowers obliem,on to Pry the stint saurni by that Smunry IordwanL obdl comma unrhmgd. Leader may requve thin Bartow. pay vvh rdnatamran wren and ca mw W one or more of the following form; AS onlmd by Land. (A) oast: (b) amay Ards. to) eutifid rLm, bank check, n.wrs' I chat or comer. clads, provided emY such aleck Is draws, upon an maintains when depoata are inovd by a fderd agc,ry, inatroraii in senry; n (d) Blewomc Funds Trend. [fpm rowaAw- cal.rr.- ranrr�enumrraaew�+.r..m CMA(Tt- crns.00w.ro (DAM) P, 11 ac yl% Wras :_ SILVIA WIS rrtern Many As • ses.in o e." ,-" reiosmerumt by Borrower, this Seomiry Iii w and obligations uncured hereby shill nation fully anotiva Y if no weeleraon had mouiad. However, this fight to reinserts shall not applY m As case of a ushormon under Sermon 1& 20. Sale a Hotta Cheer of Loan Sesvlar Notion of Crlevaoce The Note or a pwial humse in the Note (togaha with this Smurity loammmt) oan be and one or more times without Prior nonce an I Oe a. A We might «alt in w change in the entity (koovm as the 'Low Be —') that collma Pefiodic PaymmB due soda the Note and this Smunry Ine4umml and psforms other mortgage loan servicing obligations undo the Noe, this Snowiry hoarsen[ and APPli=ble Law. Th elan blight be om m more change a the Low S cur wuelad an e We of the Noe. If Am, is a change of the Low Barvica, Boa will he F= wrigne note= a the change which will store the nave and nddtm of the me, Load Bann., the ddrew to whirl prymms nonmed be muds, and any 0WS intensities R A requires in wonmtian wiN • deice of AatQa of asvieiDg. If A. Now in sold and ths=Fla the Loan is ssviwd by a Loan Save=r olha Am An minju xr d the Noe, the mtgwge loan savining mligado= he Bosowa will remain wiN A. Low Berwcea ne he tfiadad nd to e summer Low Bawer and we not assumed by the Nine purthaa wtm otherwise provided by the Now pond wen. Nettl a B..ar nor Lmda m r, m®tanoq Join, m he jomd in any jdival abed (a ether an individual lidgent m tAe months, of a elm) Am vises from As 0th. pe ly, ..a pursuant to this B it, Inmanew or Ad MICgm that me oNer pant has bf deml any Provision of m my duty Owd by rm0d of, As, Scanty luemtmt until welt Bmmws a Land. his emitted AO oshs perry (with wtl end= g ow m cm,Ii. with the to oifv U of Sentim 15) of sal alleged breach and effordW the other party hereto a teaannable pod who the giving of such mine 10 take maadve amen. If AMItea le Law prowdm a ti=c pcind winds mtm elapx Mme swam wait use no liken. than time pod will bc doand to d rcewnable fm pwpom of Nis paragraph. The notice of as=lant and dppoftwity to arc given 10 Busses Pureness to Simon 22 and the notice of acceleration given to Borrower pursues to Section 18 shall be domed to sdsfy the mum W opportunity to take onf ouVe anion pmvisiods of this Sound 20. 21. Ha odOw Substation. Aa met in Nis Bwt 21: (a) 'FLOOwleus Substance' ae there sohaances deftnd as toxic a haardom aubatanea, poline., or warn by Envirmmmol Lew and the fulluwing subawres goodies, kneoxne, otha Badmable m sour pamleum p ndom, tonic ,,e iudm ad habuodq 'Moth, anlvan, new ids soutanot, .sheen m thf nAdehyde, and rdica eve matador, (b) •Pavunmmotal Law' mews federal I-- and hews of she jurie iedm wAae the P ,wri, is looted Aat Wete an hdth, safety or envonsoundal pmtmim; (c)'EneirmmenW Cleemp• includes any rem== woo, re=did cation. m temovd scot, se defined in Eovirorwwrd Law, and (d) an 'Envhovmmtal Condition' mews d mndltim that Den sere, .4-ibute w, or ab e, ix trig,. as En't.unial Cleamp. Borrows ehdl not cedes a permit due ptesmq sae, diapoW, aonge, m release of soy Hvmbus Subswces, m Nrwn in rdaae my Haadea s Substances, Out or in As Propwy. lioaows shall sot do, nor allow aryme, else to do, a ydong a wtmg the Pro miy (a) that u to violation of any Envmomn =taf Lew, (b) whinh coos w EavironmmW Condition, or (c) which, due to A. prance, uq or relewx of a Heuw1ota Sdbaanq antes s mnditien tAs It)AN N0: 587444902 CroLO1um _ aw run- rr rnrmw w wove ammiemvr a.. a� cnucM- caSedoaco (dddy) ryas. tt yfn/ ryaawm I1I1I11111II1111111111 5°�e ., a 61LVIR DRVf6 Pfieu, meaty m R ULN D a." Rw N adversely dfar, the value of the Prop". The prreedieg ton ummout AalI not opply to rye forborne, use, or aorage u the Property of anali yuanftie, of Havrdou Sobrtaoas 1, ere generagy m PueEd to be appfnloone be normal residmtiel on, and In maimrnance of the Properly (ndueling, but not IimitM W. hrmdom,ubnanom m mumaer produera). Borrow deV provmplly give Lender written -dune W (a) my ievwigotiov. drier, drmm4 lowouit or other aaio- by ury, govrnmmW or rcgulalory agency ne pewee Puny uo`-[ i-g the Property and my Hvardou Subotmee m alir lol Lew of which Bormwc has ecnul kmwidge, (b) my Envbormenbl Cmdition, including but not limited to, any rpilliag, leafing, dircharge, .1. or three d.1. of an, Hmardoue SoWoone, oral (c) any moditim eeusM by be Ponnom ox or Meow of a Haardon, Srbamec ouch advady aH ns Ne vales of the Property. f Borrower Iwo,, er u moral by my govmwmW or regelvbry auWOrity, or my privet piny, tiro my removal ne other rwedianm of ury Heendoo, Subdurce offwng We Prperry, i, nacbry, Botrewer shall prompay tats 4 e ory remedial auiom in aocorlonne with Lew. Nothing herein ,hall ennon any obli,alk e on Leader for on Environmental Clo r.p. follw. NON6ORM COVNNS. Bnernwer and Lade, fuller mvenmt and age, ae M Acealention; Rwucel . leader rhall gbe notice to Borrower prior to vaeleMlon following Barterver', bearb of any swenan, be aprment in blo Smudty Iutmmmt (but not peter b anedennon notice Sction to anima Applicable Law provides ethoowp The nonce shall apalfy; (a) the elef we (b) be adlon on,eired to cme the default; (n) a dab, of Imr than M days form Wa date the annne b g, ,en on ,E_ , by which the aefau8 newt be curd; wad (d) then faBare In mre the ddauf an or before be date opedfid 1- the non. may roof In ono honcho of the ., oeenmd by thb S." furthermore Bnel rob of the property. no anlha rba8 forther Inform Borrower of the right W Mmtate after omtlenfbn and be dIM b mere In We f -aelwro proceeding the oe t- edrteue d It ddbll or any other M. d Borrower en aneetro o, and aab. B the ddaull f out round on or before the done poeffied! In the wine, Leader at to opib, may "ulm immdhb pgmenl In full of At rum. rayed by thb 5ecerity Ipalromant olfhom further demand mtd may Invahe the power d ,ab ad any ether femdies peumind by Appfeable Law. Levdv rball be Bntilled b collam all espemm Incurred In pvnvIng the reined W p,ovidd iv thir Seetiov 22, lociding, WE our limfd ter, romonabie atbroeyr' for, end meta of boo evideaa B Isola Invohee the power d.1% Leveler oball gire written ranee to Trmtee a the one -- d on went of ddoult and of Leder'a deudw In nine the Property to be ,old ]each A.11 mall a ropy of be --tine In Bortmra a provided In Seenon f5. Trorbe ,hall tuned a ropy a the unce in the muoty be wbkh He property to imab4 Trurbe Aoll publish • noliw of We for be nine ad In the mower provided by Applicable Law and A" rWl copies or the ootfe a role In be meow prescribed by Applicable Lew to Bonowa and ro the -erne Pmrom prercribel by APPIfa6fe law. CroWMOO- swr+.y- r.+wr -.er wemwwn,num.rr.wa, GMACM.CMS.mrlC9lnmll (P4, /6 eJ /9) IYmlc��/ /i}��,`� I11I -to 11.1 "" ^.B,WBIIII Ilpp11,01 I,50Iih/83$Bo 12.0][ IIVb awl6 errRllt C [e R 101.00 n 0.00 Afmr the than r nfolred by Applleable law, Trwdee, wsthood demand oo Borrower, shall WI the Propel n public mOdou m the highrat bldder for ale n the time and plaee and order lb. [arms hrigmlyd W the not" M We in one or m N pagan, and to my, oniw Trorlee demmins Trvatee amy portpme gait of my poreel of fbe Propesq by pubs, anuveemerl at the time and plan of my pmsdouriy rcheduied Wr Lender or its tleriguee may pumbam 1be Property at my Wn Trustee shall ddher m We pmebaaer Trustee's r atifmk dmeribing nor Property and the time the porebasn win be msIBW to Trustee's deed. no trrllW 1. the Trustee's deed ,bast be prima fanle evidon- of the trots of the nmemeols matle tberell Trortee shall apply We'Narola of the sale le the following order. (a) b an ezpmrm of b. We, Imbodirg, bot not nmkod W. reammbk Trustee's and Whoraeyr' fa; (b) in on rums ec trod by this Security inetrommq and (c) stay star m the perso. or p ss irpn, endued to it a Belem" Upm psytrunt of At sons sewed by this Smorny lowummt, Lendc shojl requru Ihat Trustee m]ae for g ty bor".. t mod eW Irodom for Trurtec, duly mocclld, ell notcs midoming dcles ucurwj by Nis Security losmanmL Tmnee AO mlmrc this Smuriry lnahommt without fusthm WvLry or liability. limrowc shoji pry my raver b oo sorts and the statutory Trustee's fa. ]L WaWn of HomesteaL Borrnwm war,. aU righl of bommmd esanptim m We Property. ININIININIINIIINNNIN�NNIIINNN 5 P. 16M 12.. .� anvm nowt, gMtn co,mr on a 1.1.00 r 0..e I TM SPACE LEFT INTENTIONALLY BLANK I mw.nw -sr r,mr -.r. (W01I M /Pore 1]ON J7 srsr,ovs,esn„nmr ].�: cMApd- pAS,0peC0 gle) tymp: BV SIGNING BELOW, B Mwa accpu and a u the 1w ad m aaa meteiad in this Sorority InpBmemt and lu my Rids canted by Bovowa end r ed with FL L 8 Elizabdth A�� - a,eare Nono.er `S IIIII 111111In11111I 1111111111 1 n'211P]44]B.M CILV19 .'l 91T1. . . p M." it ... tt^itoeaa: LOAN NO: 587444902 cowMOO- W ip- rrx.m.arwYxvwa amxvmrte�vl v� CMA CM- CT6MW,(p (pml) Pepe 18 gI19/ INDMIDUAL ACKNOWLEM STATE OF COLORADO, 4O Field Cam1y x[: n[ forego., fxswumwt w. ar .Ww,B before me Wm - /0 /0.j.�D05 by e izxbetb A. Aatmus D Wime.> bxxd snd dr.64.1, MY Cwmmixsiww Eayir : CLJ, _c4 CA Neu?pvl4[ C1M1Ox l A10 Mab4 A� Bv4 d Ca4eaa IIIIINI�H�IIIIIIII II�111 �II�INtlI�U� 5'ze/8atexes°`ti4:ean aww worts xtatx aowar w e tst4o o a.w IOAN NO: 587444902 C[ 1iAPADO_ 4�r�h- rerwrnw�ri..�n�nruwnax[maxt�a� �w� CMACM- Qr1S0ppCLp (pWll (>•N[1➢q[l9/ tdiWC_ EXHIBIT A All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado. Said Lots are more fully described as follows: Beginning at the Southwest comer of said Lot 8, whence the Southwest comer of the Southeast V. of the Northeast Y. of Section 12, Township 10 South, Range 85 West of the 6" Principal Meridian bears South 80 degrees 54 minutes West 351.21 feet thence North 73.2 feet along the West line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast comer of said Lot 8; thence West along the South line of said Lot 8 to the Point of Beginning. County of Pitldn, State of Colorado III II�u�IHIIN� iNla��l���A 5�616r suvw owes r�n�x cwxrY rn �erzanee° rz:es A 39] it I C W 837 04/16/96 01:24P PG 1 OF 1 REC DOC UCC VIA DAVis PITKIN COUNTY CLERK 6 RECORDER 6.00 0.00 QUITCLAIM DEED ELIZABETH ANN ALTEMUS (as to an undivided 99.52 interest and CLAUDE C. SALTER (as to an undivided .5Z interest) wbue,addmsls 62D North Third Street. Aspen I Countyof Pitkin .eM Stau of Colorado for the mmidcralion of one________— --- — ---- — -------- _ Onlam in ham wa. berebyeeW0and9uitnbimets)m E. A. Altemus Partnership, ULP, a Colorado Registered Limited Liability Limited Partnership. whtee.wmis 640 North Third Street, Aspen Cremy of Pitkin . sad Seotof C.I.rad. 81611 ,thefdlowina ld property. to the Cmmayof Firkin . and Sate of Colorado, to wit All of Lott 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City ofASpen, Colorado. Said lots are mom fully described as follows: Beginning ar the Southwest comer of said Lot 8, whence the Southwest comer of the SEI /4 of the NEl /4 of Section 12, Township 10 South, Range 85 West of the 6th P.M bears S 80°54' W 35121 feet; thence North 73.2 feet along the West line of Lots 8, 7 and 6; thenceEatt to the Fast line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast comer of said Lot 8; thence West along the South line of said Lot 8 to the point of beginning. County of Pitkin, State of Colorado. abo knawa as atest and Immuer se awR chcduk or ease! number with all lY aepwress. Siettd Wn l�dry of 6IH cz CLAME C. SALTER STATE OF COLORADO, W Thef etyatnetsntamem .atlawledrdbeforeme Ia /Z dryM //p!s by MIZARET'R ARV ALTZNUS and Gf.ttME C. SALTER. ' +' my mmra®mcoins WITNESS my bad and o&dal seL .� , _ -: %�] Nn W0. Pea 49l pllrtUrn ntan (aa., l.y aN(oY MY'aYq e. Pb, aL Cnv. tll ann1— Imo ta. — 1.11 C aEGOMMD heare8TFe By DIRECITGIE INSURaHCf AGENCY, INC. ..A,4 522644 P,: MIM1222.:. JWI[E F OYOILL PITEM WMY W R 21.. 0 a,e0 IIIW�Ytlq l%ynp�2ry���� rseii 81as511:aa nvu smla Plan carer a R 1f.N a a,ep EA Mhur us Partnership. LLIP, a Colorado (Registered Umltsd LNabllhy, Parharshlp of county of. Shah, of. Grantor, and Elizabeth A. AZE6gBBE AltemuS s/aas bbal address le 310 North 3rd Straat Aapan, Colorado 51611, Grantee: WITHESSETH. Met Ole Greolor for and In c0mberstln of Me sum of Ten D01bre ($10.00), to reWlot and m3nclency M which Is hereby eoknowtedbed, has rembed. rebaeedi sold and QLJ CW18E'D, ono by Mess Manama does reroute, W e, Mae,. sell and OUITCM unb M Na e Dramas, Isomer as and assigns terever, e3 Me right. We. Narem, chum and dmmnd aluc11 the Grantor has an and b to roll Isoperly, twother eMh Imeravmmmhb, 8 any, shunts, lyinO and luck, In Me Costly of PRWn aM State of Colorado deaolbad as follows: All of Isla T and a, and the South 32 NN of LM 6, Block 102, HM h au ADDITION M)aasnt to Ma City of "ion, Colorado. Said Zeta an mom fuby descdbsd as follows: BEGINNING at Me Soueraeet comer of Bald Lot 4 whams Me Seu M earner of tla SouMnat 114 01 Me Nursemaid 116 of Sachom 12, ToaymeNp 10 Soupy Rawl, 55 Wnt of Ma Ph P.B. beers South N dsOreas es minutes West 35121 feet Masses North 732 fast slow Me Wass line of Lob 5, T and 6; Us. East W Me EeR IM of said Lot S; Menu South 73.2 fast sloop Me Ent NO. o/ Nid LOW 6, 1 sad 8 W Me Southeast comer of said Lot 8; tlanea West slow Ihe South Ina of sald LM 8 he Ma PDINT M BEGINNING. County, of PlIkin, SUN of Colorado. also known by sheet end member as: 820 North 3n1 Strati, Mph, Colorado 81611 TO HAVE MO TO HOLD Me same, lobster wit Of and shpular the appudavhms and aandlaOus wheals �Me G Or rmdw, author In 1. Or eRaOy Me hend .1; the bbnesfit Onto bbehoW a/ out Grantee, Masher neoaesors and nas". faever. The stplar number shall Indude he plural. the plural the ekgulw. and 6a use of my gander shall be Pookable to a1 gaMars. IN WBNESS WHEREOF, he Gmmar hm eamW MN deed m to data at forth above. d < BY: .(Uhl I Slate M Colorado ) ss. DIRE TITIAltlfl%CEAfflo: ew,e Ya.uWnmh¢ Mott es souk NiFNCe. tie. Eaueaah NYm,a a25t ppaq Seaµ 9,aw 1W real txw, cwa nos wnahluae. cae,aee Wms Awe,1 aesm elen m 0 cwnlyoFmolm Go r: rd ) !"+ on Seppmba 1ltlr, lWi. Uefora m4. I r , parsonaey appeared a A I a„ --a a , penonedy Huron to me Ipr proved to... a pa4k M Saes -[M autlaneal b ae wB perm vmma name k sWevLed to a. MHH HatemaM and a MWgW b ma out hel hMhey execNeO Via Bane H hkdrefrTe4 afitla v.TM,a.hyNe person by h exepr a ephs 0m ,b HsHUnenl tlw parson, M Ha entry upon aehaV d WlHesa TY harq end WVSW Na. gMWI,I JOaif / ^,' 1 �p NoriY a1lVe ' a, _'1 eG f�%Lp, Laaad t>ia�e� ��� rrr lllSMM/.IM1hl.55V11 - ^^^ W pxSae Notary Puaik le�l My ComrNaeNm enpMec: Sa:.eMI NN��� III II�IIIIIIIIIBU lllll1�l�81 Pm 2f a, p= .Y. N..YD PIl41N6 .NZa.H a 0 I Y,Itl IIIY II lIIU ^�Y ��I�MI�IIW04 P, 3 f et.ar +MICE x v06 Cxintu vlTt[x EdNf. w R 21.N o a.N ...t 3 .1 il:vl Rule NvIE nvw CaMV W R 16.N •.N smm of (l Inrn_d o County of Q F ;eld Eliadhaff. Atfe .Iln RZltl S4o-O Old( Onthis�-tdayof QCl-. .20 S L14.P A. Ai+e mu �oelly append befine me, who is petRandly known w m 3?--whaeidenthylvaifmdonlhRbadcof Cj=d.ro-Jo D.;VR l.i r•e�st _ wbo idetdity I vented oR the oatiV.W nui. of a cremLle wimea, W be the sign of the faegoiog docoweo4 and bdsbe adowwledged that bdshe signed it. talxtOa t Ja0 noRi. a c unm Notary Nbhc axo My Comndsli.E pith: nR.+twmx nme: nd. exmym.+volwxrzd)m. exdmuxRrehs.+oxr+M++x eaa.R.�.t�reea+.rad.+�d C>)l.r +Clo ;R 71eed a,xX�_I— wranadXddeo /ts�aons /fNa CmlfiwR 49v ➢'^Pwr.ramanl dnrmxmaderWn drar Gwnbrd hnh XMollhdeewe[w(l ord void v CynYY lw�Nnw..l.v�nur�. WUYL^x.ear,IS WXO6Mx,tlubpeWLL e 4 52264 ftg.: 4 .( 4 4/95t2@05 01:ZZF JMIoE K WS MOILL oITKIN tOW M R 23.00 D 0.00 N0.905 CaMFlGIIE 0F COPY OF FUBC II STATE OF COLORADO, Cunutyarpiddo ) SS. County Clerk and Recorder in and for said County, in the State aforesaid, d; hereby certify that the foregoing is a "m :, Book - ..... ALIA .................... Page ....N. /A:........... �. Given order my hand and official sea], this ....... 15 . . ....................... clay of AD. 26 I I .... o'clock ... ..... P-K C RECEPTION#: 543946, 11/08/2007 at 02:12:05 134, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO QUITCLAIM DEED Grantor Elisabeth A. Allemus whose address is 620 North 3r° Street, Aspen, Colorado 81611 Counyof Pitkin and StateofColorsdo, for the consideration of - -no consideration -- Dollars, in hand paid, hereby sell(.) and quitclaim(.) to E. A. Altenms Partnership, LLLP whose address is Post Office Bas 5000, Aspen, Colorado 81612 County of Pitkin and State of Colorado, all ofthc Gratmes right, fide and interest in the following real property, in the County ofPitkin and Slate of Colorado, to wit, %All of Lots 7 and 8, and the South 32 feet of Lot 6, Block 102, HALLAM ADDITION adjacent to the City ofAspen, Colorado. Said lots are more fully described as follows: BEGINNING at the Soutbwcst comer of said Lot 8, whom: the Southwest comer of the Southeast V. of the Northeast V..0fSeed.n 12, Township 10 South, Range 85 West of the 66 P.M. bean: South 80 degrees 54 minutes West 351.21 feet; thence North 73.2 feel along the West live of Lots 8, 7 and 6; thence East to the Eest line ofsaid Lot 6; thence South 73.2 feet along the Bert Lae of said Lou 6,7 and 8 to the Southeast comer of said Lot 8; theme West along the South line ofsaid Lot 8 to the POINT OF BEGINNING County Of PitkiA State of Calnadn, also known by street and number as: 620 North 3r° Street, Asp., Colorado 81611. assessor's schedule or parcel number. with all its appurtenances. Signed this -2_ day of ovember 2007. EllsobeLtA.Altensus STATE OF COLORADO ) )as. COUNTY OF 11111�Q ) The foregoing instrument was acknowledged before me this: day of oue�lf 2007 by Elisabeth A. Altemua Wanes. my hand and offnda e My wmmissiou aspires' -1 ' cr.o-u Notary Pu h t 3 OFBdiE R SisEF `a0 SEP.20.2e00 11 :56RM CITY OF ASPEN 00.437 I'.Z rded at 3 00p February, 18, 1982 Loretta Sauner,*Wrde>: .Ren4ti'on'6 239305 ORDINANCE NO. - ((11 '(Series of 19 BOOK422 PAGE306 ANOOD SECTION 24-9.7 OF DESIGNATION OF HISTORIC AL HISTORIC WHICH ARE 14IN THE INVENTORY IC COLORADO WHEREAS, by Resolutions No. 81- 11,81 -13, and 81 -14 the Historic Preservation Committee has recommended to the City Council that certain structures be designated historic and a suffix of °H" be attached to the zoning of these properties and the real estate records, and WHEREAS, these structures are listed in the 1980 Inventory of Historic Sites and Structures for the City of Aspen, Colorado, and WHEREAS, the owners of these properties have requested designation through written replies to the Planning Office, and WHEREAS, the Historic Preservation Committee has reviewed these. sites and /or structures based on the guidelines and standards in Section 24 -9.3 of the Aspen Municipal Code and found them to be worthy of historic designation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1 That the following list of sites and /or structures at these addresses be granted historic designation and the suffix of "H" be attached to their zoning and real estate records: 610 N, Third 500 W. Francis 101 Lake Avenue 505'0. 8th Street 320 W. Hallam 118 E. Cooper 332 W. Main street 232 E. Hallam section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the ordinance which can be. given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 3 I day of That a public hearing be held on this ordinance on the 19B4., at 5:00 P.M. in the City Council Chambers, Aspen City Mall, Aspen, Colorado, fifteen [_15) days prior to which hearipg notice of ewspaper of general circytation the Same shall be published once within a n Str. cb. Gbb1� 11 5 rtN1 L: U Y UV Ht5VLN 900K422 PAGE3 Ur1 within the City. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on 1982. �•. > T•-, ATEE ST: y irlr+�' h, C ty Clerk F` t ay of FINALLY adopted, passed and approved on the � 1982. SEP•20.2000 11:57AN aITY OF REPEN NU. qJr r.v 0=422 MEWS RECORD OF PROCEEDINGS 100 Leaves STATE OLD COLORADO ) crRTIFICAT>; COUNTY OF PITKIN ) i, Kathryn S. Koch, City Clerk of Aspen, Colorado, was do i, r.e ?:Y certify that L-he at1)oue and foregoing ordinance introdu:+�d, read, in full, 7iCl passed on rcadi.rg at a renular meeting of the City Council of the 9 oq and published CiL•v cF rl.spen en _ _ // 1' ' iat the Aspen Ti. m -s a w ekly nuwsp�ger of general circul- ation, published in the City of issi -u: of and &1,prc,ved at a reg�r meepptii olsdi.nance NCO Sexia'-: i r:otFtd'�d by Aspen, Colorado, in its ]-9.&, and was finally adopted 1g of the City Council on and'ordered published as of 19t1a, of said Cityr•as IN KITNESs mir-Ruor, I have hereunto set my hand she :aeal of said City of'Aspen, Colorado, this 1� 7ae� rYeK''1 :J _J r' •CAL '^�.��^: ``� ANirn s. cn, c�.tY Wlprk n eputy C T—yy 7-aerk Parcel Detail C 7) Page 1 of 3 Pitkin County Assessor /Treasurer Parcel Detail Information Assessor /Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential /Commercial Improvement Detail Land_Detail Photo ra hs Tax Area 11 Account Numbe I Parcel Number I 2007 Mill Levy 001 11 R005668 273512402001 29.317 Owner Name and Address LUBAR SHELDON B & MARIANNE S 700 N WATER ST #1200 MILWAUKEE, WI 53202 -4206 Legal Description SUB:HALLAM ADDITION BLK:102 LOT:9 - LOT: 12 DESC: ONLY PT OF LOTS 10,11,12 Location Physical Address: 610 N THIRD ST ASPEN Subdivision: HALLAM ADDITION Land Acres: 0 Land Sq Ft: 4,849 2008 Property Tax Valuation Information Actual Valu I Assessed Value Land: 2,3 37, 500 186,070 Improvements: 1,096,500 87,280 Total: 3,434,000 1 273,350 http: / /www.pitkinassessor.org/ assessor /Parce l.asp ?AccountNumber= R005668 9/12/2008 Parcel Detail ,.,� Page 3 of 3 Tax Year II Transaction Type II Amount 1997 Tax Amount $3,323.14 1997 Tax Payment: Whole �- ($3,323.14) 1998 Tax Amount $3,274.78 1998 Tax Payment: Whole ($3,274.78) 1999 Tax Amount $3,241.24 1999 Tax Payment: Whole ($3,241.24) 2000 Tax Amount $3,629.04 2000 Tax Payment: Whole ($3,629.04) 2001 Tax Amount $5,280.28 2001 Tax Payment: Whole ($5,280.28) 2002 Tax Amount $5,270.70 2002 Tax Payment: Whole ($5,270.70) 2003 Tax Amount $4,825.18 2003 Tax Payment-.7;W hole ($4,825.18) 2004 Tax Amount — $4,883.20 2004 Tax Payment: Whole ($4,883.20) 2005 Tax Amount $5,075.86 2005 Tax Payment: Whole ($5,075.86) 2006 Tax Amount $5,938.84 2006 Tax Payment: Whole ($5,938.84) 2007 Tax Amount $8,013.80 2007 Tax Payment: Whole ($8,013.80) Ton of Pave Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Pave The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http:// www. pitkinassessor .org /assessor/Pareel .asp ?AccountNumber= R005668 9/12/2008 Parcel Detail f Page 1 of 4 Pitkin County Assessor /Treasurer Parcel Detail Information Assessor_ /_Treasurer Property Search Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential /Commercial Improvement Detail Land Detail Photographs Tax Area Account Number Parcel Number I 2007 Mill Levy 001 R005670 273512108003 IF 29.317 Owner Name and Address E A ALTEMUS PARTNERSHIP LLLP PO BOX 5000 ASPEN, CO 81612 Legal Description SUB:HALLAM ADDITION BLK:102 LOT:6 - LOT:8 DESC: ONLY THE SOUTH 3.2' OF LOT 6 Location Physical Address: 620 N THIRD ST ASPEN Subdivision: HALLAM ADDITION Land Acres: 0 Land Sq Ft: 118,418 8 .252 -O—N- 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 3,910,000 311,240 Improvements: 145,800 11,610 Total: 4,055,800 322,850 V —A raV http: / /www.t)itkinassessor.oriz/ assessor /Parcel .asp ?AccountNumber= R005670 9/12/2008 Parcel Detail f Page 3 of 4 1997 I Tax Payment: Second Half I ($1,948.22) 1998 Tax Amount $3,839.72 1998 Tax Payment: First Half 1998 Tax Payment: Second Half ($1,919.86) 1999 Tax Amount $3,923.50 1999 Tax Payment: First Half I ($1,961.75) 1999 Tax Payment: Second Half ($1,961.75) 2000 Tax Amount 1 $4,392.94 2000 Tax Payment: First Half ($2,196.47) 2000 Tax Payment: Second Half ($2,196.47) 2001 Tax Amount $6,917.66 2001 Tax Payment: First Half 2001 Tax Payment: Second Half ($3,458.83) 2002 Tax Payment ($271.60) 2002 Tax Amount $6,905.10 2002 Tax Payment: Whole 2002 Interest Payment 2002 Interest Charge $66.34 2003 Tax Amount $6,473.30 2003 Tax Payment: First Half 2003 Tax Payment: Second Half 2004 Tax Amount $6,551.14 2004 Tax Payment: First Half 1 ($3,275.57) 2004 Tax Payment: Second Half ($3,275.57) 2005 Tax Amount $6,953.98 2005 Tax Payment: First Half 2005 Tax Payment: Second Half 2006 Tax Amount $7,249.56 2006 Tax Payment ($262.60) 2006 1 Tax Payment: Whole 2007 1 Tax Amount $9,465.00 2007 IF Tax Payment ($233.36) 2007 Tax Payment: Whole Top of Page Assessor Database Search Options I Treasurer Database__ Search Options http:// www.pitkinassessor.org/assessor /Parcel .asp ?AccountNumber= R005670 9/12/2008 Errin Evans From: John Case [johnhockingcase @gmail.comj Sent: Wednesday, September 10, 2008 4:24 PM To: Errin Evans Cc: Chris Bryan; Claude Salter Subject: Re: Lot Line Adjustment Hi Errin, I don't have an original plat, and in fact, I don't think it would tell us. According to Jim Reser (old local surveyor) the fence was on what they thought was the correct original boundary, but surveyors now agree that the line should be approximately two feet further to the south (thus the compromise we have here). I think the Assessor's estimate of the Salter /Altemus lot size was based on the old fence location, so actually their lot is gaining 166.52 square feet, though as you point out, the Code doesn't allow a gain any allowable floor area through a lot line adjustment. However, I don't think the Salter /Altemus lot should lose any allowable floor area since they are actually increasing lot size. Does that make sense? Does the plat need to reflect this? By the way, the overlap is referenced in Plat Note 9. Call me with any questions. John H. Case 925 -8394 On Sep 10, 2008, at 3:58 PM, Errin Evans wrote: Hi John: I was under the understanding that the fence was not correctly positioned on the original boundary and now there is some discrepancy regarding that location. I am not aware of an overlap. Do you have an original plat to compare the new plat to? When the Townsite was originally created it was created on a numerical grid. We do not have a copy of the original plat in the City records and I was unable to pull anything out of the Clerk and Recorder records. According to the plat you have submitted, I was going to use the line that is shown as the Altemus /Salter property line as the original boundary. Is that incorrect? Using that line it appears the Salter property is losing 166.52 square feet which would be 100 feet of floor area. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970- 920 -5439 <image001.jpg> 5ca� -,V—(z. I b b b b �p �g_I o Survey performed or verified within the last 12 months. Surveyor's certificate stating that the error of closure is less than 1 /10,000. Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersections (shown at a scale of 1" = 400'). Monuments placed (or a reference monument or witness to the comer) at all comers of the boundary of the property, unless already marked or referenced by an existing monument or witness to the corner. Legend of symbols. Survey tied to USGS, NGS or local government monument system. Overlaps and gores along the exterior of the boundaries. Legal description of property. Existing building(s) locations and dimensions with ties. All improvements within five feet of property boundaries. Gross land area to the nearest thousandth of an acre. One foot contours and the datum of the elevations. Basis of bearing and point of beginning graphically Roads (edge of pavement as applicable), Rights -of -Way and distance to the nearest intersecting street if within 200' of property. Label easements and encroachments add reference numbers as applicable. Indication of access to a public rights —of -way on land such as curb cuts and driveways, and to and fi-om waters adjoining the surveyed tract. List setbacks and building envelopes Names of adjoining owners of platted lands or subdivision names. Any changes in street right of way lines either completed or proposed. Location, species, trunk diameter of trees at 4 %:' from the ground, and extents of drip line. I(o} Natural hazards: The designation of all areas that constitute natural hazard areas including but not limited to snow slide, avalanche, mudslide, and rockslide. NDelineate areas with slopes from 20% to 30% and areas with slopes greater than 30 %. Flood zone designation (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent, by scaled map location and graphic plotting only.) Location of all utilities existing on or serving the surveyed property as determined by observed evidence and observed evidence together with evidence from plans obtained fiom utility companies or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of information). List all documents used in the survey with recording information. /R'^ V `. T �I N A U � 11 �I N A U